How long is the PCT period for Portuguese invention patent application

Submitted by 页之码 on
  • 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.

专利申请流程

  • INPI only conducts formality examination of design patent applications.

  • If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.

  • 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)

  • 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.

  • 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
  • INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.

    • Licensing Fee: None.
    • Annuity: From the 5th year onwards from the date of application, it will be paid year by year. The application fee includes annual fees for the first and second years. There is no annual fee for the third and fourth years, but the applicant needs to notify INPI for renewal in the third and fourth years. All subsequent annual fees must be paid within six months before the date corresponding to the year of application. Overdue annual fees can be paid within a 6-month grace period, and 50% of the annual fee of the current year is required to be paid as a penalty.
    • 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.
  • 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
  • Filing Language: Portuguese

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    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