yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.
- 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.
Reinstatement of priority is accepted on grounds of "due care."
no
INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.
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
25 years
The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
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.
- 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.