The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
2-3 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
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
3 months
12-14 months
- 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.
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.
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 receives the final decision, it may be proposed to change the type of invention from invention to utility model.
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