HomeIP-GuidePortugal General informationInvention (PCT National Phase) Portugal

Portugal

  • International Country Code:

    PT
  • Time Zone:

    UTC/GMT -01:00
  • Currency:

    Euro (EUR)

Portuguese PCT national phase entry

Portugal
from 902.00
Total Number of Claims/PCT
Number of Priorities
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  • Patent fees

Fees associated with Portuguese PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Deadline for PCT national phase entry in Portugal

The time limit for entering the Portuguese national phase of a PCT application is 30 months from the earliest priority date. The application may be filed within one month after the expiration of the 30 months deadline provided that the surcharge is paid.

  • Filing requirements in Portugal

The official language for proceedings before the Portuguese Industrial Property Office (INPI) is Portuguese. The application may initially be filed in English. A Portuguese translation thereof should be provided within one month from the corresponding notification by the Office alongside payment of the additional fee.

To obtain the filing date, it is necessary to provide the patent office with the international application materials in 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 PCT national phase application is filed through a registered Portuguese patent attorney.

If an applicant claims priority of an earlier application under which this person is not the applicant, a Deed of Assignment must be furnished. Legalisation is not required. The Deed of Assignment must be filed within thirty months from the priority date. 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. The Deed of Assignment is not required.

  • Examination of a PCT national phase patent application in Portugal

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 international filing 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 international filing date 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. 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 perform the Portuguese PCT national phase entry through a registered Portuguese patent attorney.

  • Notes

1. Online Search databases: Portuguese Patents, European Patents (EPO).
2. The PCT application in Portugal may also be nationalised via European Patent registration and its further validation in Portugal

The above information was verified on 01.04.2020
Please contact us if the above information is not in conformity with Portuguese IP Laws.

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