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."
- 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.
- 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.
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Filing Language: Portuguese Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
Portuguese National Institute of Industrial Property
English: Portuguese Institute of Industrial Property, abbreviation: INPI
URL: https://inpi.justica.gov.pt/
Portuguese invention patent search: Pesquisa Online - Patentes (justica.gov.pt)
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.
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The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
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