no
yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.
INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.
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.
- 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.
If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.
- yes. A maximum of 100 designs may be included in one Portuguese design application, provided they belong to the same class in the International Design Classification.
no
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.
2-3 years
20 years