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.
The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
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.
INPI only conducts formality examination of design patent applications.
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
Portuguese National Institute of Industrial Property
English: Portuguese Institute of Industrial Property (INPI)
URL: https://inpi.justica.gov.pt/
Portuguese Utility Model Patent Search: Pesquisa Online - Patentes (justica.gov.pt)
no
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- EU appearance route: 6 months from the earliest priority date.
2-3 years
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.