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Patent in Portugal

from 1027.00
Total Number of Claims
Number of Priorities
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  • Patent fees

Fees associated with filing patent applications in Portugal as well as other patent fees are available in the fee calculator

  • Term for filing a patent application in Portugal

The term for filing a patent application in Portugal claiming priority is 12 months from the priority date. Restoration of this term is possible within two months after the expiry of the 12-month period, provided that evidential proof of due care is submitted.

  • Filing requirements in Portugal

The official language of proceedings before the Portuguese Industrial Property Office (INPI) is Portuguese. However, the application may initially be filed in English. A Portuguese translation thereof must be submitted within one month of the corresponding notification from the Office, provided that an additional fee is paid.

To obtain the filing date, an application should contain at least:
- the applicant's name or company name, address and nationality of the applicant(s) and inventor(s);
- indication of the number, date and country of priority (if any)
- application text (title, description, claims, abstract and drawings) in Portuguese or English.

Usually, the Portuguese Industrial Property Office (INPI) does not require the filing of the Priority Document. However, under special circumstances, the Office may request a certified copy of the priority document and its translation into Portuguese to be submitted.

The Power of Attorney is not required if the application is filed through a registered Portuguese patent attorney.

Where the applicant is not the inventor, it is sufficient to designate the name and address of the inventor and to state how the applicant acquired the right to the patent. No Assignment Deed is required.

  • Examination of a Portuguese patent application

Patent applications in Portugal are subject to formal and substantive examination. Substantive examination is initiated automatically. No special request needs to be made.

  • Novelty grace period

The grace period for filing a patent application in Portugal is six months from the date of disclosure provided that the disclosure takes place at an official or officially recognized international exhibition or as a result of an evident abuse in relation to the inventor or his successor in title. A certificate confirming participation in the exhibition must be filed.

  • Grant, validity term and maintenance fees

Patents in Portugal are valid for 20 years from the filing date. The grant fee needs to be paid for a Portuguese patent, the amount of the grant fee depends on the type of the certificate – paper or electronic. Annual fees become due starting from the third year from the filing or priority date. The first two annual fees are included in the filing fee. The discount of 100% for the third and fourth annual fees is provided by the Portuguese Patent Office. However, the applicant must indicate to the Office that the patent should be renewed for the third and fourth years. All subsequent annual fees must be paid within six months before the anniversary of the filing or priority date.

  • Duration of registration procedure

Average time from filing up to grant of a patent application in Portugal is 2-3 years.

  • Utility Model

In Portugal, it is possible to protect an invention as a utility model. An invention must be new, industrially applicable and contain an inventive step. The maximum validity term of a utility model is 10 years. The initial term of protection is 6 years.

  • Representation by a patent attorney

For foreign applicants, it is recommended to appoint a registered Portuguese patent attorney for performing patent prosecution in Portugal.

  • Notes

1. Online Search databases: Portuguese Patents, European Patents (EPO).
2. The patent protection in Portugal may also be obtained via European Patent and its further validation in Portugal

Brief summary is based on the information provided by ACOPAT on 09.02.2024
Please contact us if the above information is not in conformity with Portuguese IP Laws.