Novelty Grace Period for Portuguese Invention Patent Application

Submitted by 页之码 on

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

专利申请流程

PT Portugal

  • 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

  • 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

  • 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.

  • How long does it take to grant a utility model application in Portugal?

    12-14 months

  • Is a utility model application eligible for DAS in Portugal?

    no

  • How many years is the protection period of Portuguese invention patent application

    20 years

  • Can the priority right of Portuguese invention patent application be restored?

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

  • Characteristics of the Portuguese invention patent application process

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

  • Instructions for Authorization and Annual Fee of Portuguese Invention Patent Application

    • 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.