INPI only conducts formality examination of design patent applications.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.
INPI only conducts formality examination of utility model patent applications. Substantive examination may only be requested if the applicant deems it necessary. An invention protected by a patent can be protected simultaneously or successively with a utility model. To this end, applicants have a maximum of 1 year to make changes.
20 years
3 months
A novelty grace period of 6 months is available if:
- Disclosures caused at officially organized or officially sanctioned international exhibitions
- Disclosure resulting from being made public for reasons related to the misuse of the inventor or its predecessor owner
INPI only conducts formality examination of design patent applications.
- yes. A maximum of 100 designs may be included in one Portuguese design application, provided they belong to the same class in the International Design Classification.
yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.
If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.
Reinstatement of priority is accepted on grounds of "due care."