Whether the Portuguese invention patent application can be type-converted

Submitted by 页之码 on

yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.

专利申请流程

PT Portugal

  • Novelty Grace Period for Portuguese Invention Patent Application

    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

  • Instructions for Authorization of Designs in Portugal and Annual Fees

    • Licensing Fee: None.
    • Annuity: pay once every 5 years, and must be paid within 6 months before the due date of the application. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 50% penalty is required.

  • How long is the PCT deadline for utility model applications in Portugal?

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 30 months from the earliest priority date.

  • Can the priority right of a utility model application in Portugal be restored?

    Reinstatement of priority is accepted on grounds of "due care."

  • What are the requirements for the utility model application documents in Portugal?

    Filing Language: Portuguese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Enter the Portuguese national phase 19/28/34/41 Amendments
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

  • Characteristics of the Portuguese design patent application process

    INPI only conducts formality examination of design patent applications.

  • Is a Portuguese Utility Model Application Convertible?

    yes. Before the applicant has received a final decision, an application to change the type of invention from a utility model to an invention may be proposed.

  • Whether the Portuguese invention patent application can be type-converted

    yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.

  • Novelty grace period for utility model applications in Portugal

    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

  • What are the requirements for the Portuguese invention patent application documents

    Filing Language: Portuguese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Certificate of Deposit of Microorganisms and its Portuguese translation
    3. Certificate of Microbiological Survival and its Portuguese translation
    4. Power of Attorney
    5. Certified Priority Document
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Enter the Portuguese national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Portuguese translation
    6. Certificate of Microbiological Survival and its Portuguese translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer