Portugal, Global Patent GO - Introduction to Portuguese Patent Applications

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"Warm Port" Portugal is located at the westernmost tip of the European continent. It has a long and narrow geographical shape and is surrounded by sea on both sides. The unique geographical environment has played an irreplaceable role in the development of its navigation. As one of the most glorious empires in the Age of Discovery, in the 15th and 16th centuries, the Portuguese navigator Prince Henry founded a geographical research institution, organized large-scale sailing expeditions, and established many colonies in Africa, America, and Asia. Portugal is a developed country with a very high Human Development Index (HDI), a very high rating in terms of quality of life, one of the best health systems in the world, and one of the most globalized and peaceful countries. .

Portugal is rich in geological resources and is the sixth largest lithium producer in the world and the largest in Europe. It has huge development prospects in the field of clean energy. Portugal has a stable political situation, good social security, complete infrastructure, a sound judicial system, a high degree of marketization, complete laws and regulations related to business and investment, few restrictions on foreign investment, and certain geographical advantages, which can radiate to Europe, Africa, North and South The markets of Portuguese-speaking countries such as the Americas have high-quality talents and relatively low labor costs. They are one of the countries with the best investment and business environment in the world and the most attractive to foreign investment. The "2020 Global Business Environment Report" shows that Portugal ranks 39th among 190 countries and regions in the global ease of doing business. The latest research from Ernst & Young shows that Portugal ranks 10th among the most attractive countries for investment in Europe in 2020. The most popular areas for investment are digital industry, manufacturing, transportation equipment and other industries. Although foreign investment in Portugal has been slightly reduced due to the impact of the COVID-19 epidemic, more than one-third of the research respondents said they will still expand investment business in Portugal in the next year.

Portugal is an important hub connecting the Overland Silk Road and Maritime Silk Road. In recent years, China's investment in Portugal has grown rapidly. There are currently more than 20 Chinese companies investing in Portugal. According to data from the Portuguese Central Bank, as of the end of 2020, China's direct investment stock in Portugal was 2.7 billion euros. The main cooperation projects involve energy and finance. , insurance, medical and other fields, including China Three Gorges Group's acquisition of equity interests in Portuguese electricity new energy, State Grid's acquisition of equity interests in Portugal's energy grid, Beijing Enterprises Water Group's acquisition of water supply and sewage treatment companies, Fosun Group's acquisition of Portuguese insurance companies, and China Three Gorges Group's practice Electricity Company of Portugal and COFCO established the COFCO International Porto Center of Excellence in Porto, Portugal.

Portugal joined the European Community in 1986 and became one of the founding members of the euro in 1999. It is currently a member of international organizations such as the United Nations, the European Union, the North Atlantic Treaty Organization, the Euro-Atlantic Cooperation Council, the Organization for Security and Cooperation in Europe, the Organization for Economic Cooperation and Development, the International Monetary Fund, the World Bank, and the World Trade Organization. In terms of intellectual property rights, Portugal is a party to the Paris Convention, the Patent Cooperation Treaty, and the Hague Agreement on the International Registration of Industrial Designs. Portuguese law stipulates that violations of intellectual property protection regulations are subject to legal sanctions. With a certificate of authorization in Portuguese or English, the property owner may file a lawsuit with any of the Institute of Industrial Property (INPI), the Agency for Economic and Food Security (ASAE), the Customs Group of the National Republican Guard (GNR) or the Public Prosecution Service. According to statistics released by the Portuguese Industrial Property Institute (INPI), between January and December 2021, inventions and utility models with exclusive rights increased by 56.5% compared with the same period in 2020, reflecting the importance Portugal attaches to the protection of industrial property rights. improved.

Today we will take a brief look at Portugal’s patent system.

Introduction to the Portuguese Patent System

1. Types of Portuguese patent protection

  • Inventions, utility models and designs

2. Ways for Chinese applicants to apply for patents in Portugal

  • Paris Convention route, direct application, PCT national phase entry into Portugal, EU appearance, Hague route appearance

3. Review unit

  • Portuguese Institute of Industrial Property (INPI)

4. Submit application

  • Deadline requirements:
    • Paris Convention route: within 12 months from earliest priority date
    • PCT international application entering Portugal: within 30 months from the earliest priority date
  • Language requirement: Portuguese patent applications accept application texts in Portuguese. Application documents can be submitted in English, but a Portuguese translation must be submitted within 1 month after receiving the correction notice from INPI.

5. Formal review

  • After the Portuguese patent application is submitted, INPI will conduct a preliminary review within 1 month after receiving the application. If the application does not meet the formal requirements, the applicant has a 2-month correction period.

6. Disclosure of application

  • After passing the preliminary examination, INPI will make the patent application documents public 18 months from the filing date or the earliest priority date. Applicants may also request early disclosure.

7. Substantive review

  • After the application is published, it will enter a 2-month opposition period. If no one raises an objection within 2 months after the publication, the patent application will directly enter the substantive examination stage without submitting a separate request for substantive examination. Invention patents and utility model patents require substantive examination, while design patents only require formal examination and do not undergo substantive examination.

8. Authorization Procedure

  • After the patent passes the formal examination and substantive examination procedures, if the examiner believes that the conditions for authorization are met, the official will grant the patent right and issue a certificate, and publish the authorization decision in the official gazette. Authorization fees in Portugal depend on whether the certificate is in paper or electronic form.

Features of Portuguese patents

1. The application fee for inventions and utility models in Portugal includes annual fees for the first and second years. The Portuguese Patent Office does not charge annual fees for the third and fourth years. Applicants need to start paying from the fifth year.

2. Starting from July 1, 2019, all Portuguese utility model patent applications will undergo substantive examination. Previously submitted utility models can pay the substantive examination fee and request the Patent Office to conduct substantive examination.

3. The official fees for utility models in Portugal are slightly higher than the official fees for inventions. One of the purposes is that the official hopes that applicants will pay attention to invention patent applications.

Friendliness towards Chinese applicants:
★★★★
The value of patent rights:
★★★★
Completeness of rights protection mechanism:
★★★