- 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
- 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.
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.
- 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.
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.
The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
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)
yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.
INPI only conducts formality examination of design patent applications.
Reinstatement of priority is accepted on grounds of "due care."