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 414.00
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 stage of a PCT application is 30 months from the earliest priority date. The application may be filed with a fine within one month after the expiration of the 30 months deadline. Afterwards, the re-establishment of rights is admissible if it could be proved that the inobservance of the due date was due to extraordinary facts, unexpected and not directly ascribe to the applicant of the right. In this case, the duly grounded application should be filed within two months running from the termination of the impediment, which has hindered the fulfilment of the term, in any case, it would be only allowed within the period of one year running from the end of the term not abided.

  • Minimum of filing documents in Portugal

To obtain the filing date, a Portuguese patent application based on PCT should contain at least copy of the international publication.

  • Language of the Portuguese patent application

The official language for PCT national phase registration is Portuguese. The application may also be filed in English. A translation into Portuguese will be requested by the Portuguese PTMO after a formal examination that is performed within one month from the filing date. Then the PTMO issues a notification asking for the filing of the Portuguese translation, and the deadline is being two months from the date of such notification.

  • Power of Attorney requirements

A Power of Attorney is not required if the PCT application is nationalised in Portugal through a Portuguese Patent attorney.

  • Deed of Assignment

If the applicant claims the priority of an earlier application under which he is not the applicant, a deed of assignment must be furnished. Legalization is not required. Where the applicant is not the inventor, it is sufficient to designate the inventor and to state how the applicant acquired the right to the patent. The deed of assignment must be filed within thirty months from the priority date.

  • Substantive examination request

The substantive examination in Portugal is applied automatically at the time of entering the Portuguese PCT national phase.

  • Novelty grace period

In Portugal, there is no grace period for PCT national phase entry.

  • Grant and maintenance fees

There are no grant fees payable on a granted Portuguese Patent. The first annual fees should be paid as from the 3rd year from the PCT international filing date.

  • Representation by a patent attorney

To perform the Portuguese PCT national phase entry, it is recommended to appoint a Portuguese patent agent.

  • 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 16/03/2018
Please contact us if the above information contains any discrepancies with Portuguese IP Laws.

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