Industrial design registration in Portugal

Industrial design registration in Portugal

Registration of industrial designs in Portugal – Every company that owns an industrial design and intends to expand its business in the market in Portugal should use Portugal’s intellectual property system. It is paramount for companies to file an industrial design application in Portugal for industrial designs, even if the launch of the respective product on the market in Portugal has not yet commenced. 

Requirements for industrial design registration application in Portugal

An industrial design application can be filed claiming priority within six months after the priority date. The restoration of this term is not possible.

Portuguese is the official language when registering an industrial design at the Portugal Intellectual Property Office. 

The following information and documents need to be provided in the application for registration of an industrial design in Portugal: 

  • name, address, and nationality of the applicant, business address; 
  • class number according to the Locarno Classification;
  • title of the design;
  • application number, date, and country of priority (if any);
  • drawing of the design.

If priority is requested, a certified copy of the priority document should be translated into Portuguese and submitted to the IP office. 

The notarized Power of Attorney is not required when registering an industrial design in Portugal.

Examination of an industrial design application in Portugal

 An industrial design registration application in Portugal will only undergo the formal examination process. Only when a third party files an opposition, the patent office will conduct a substantive examination to determine whether the requirements for novelty and distinctiveness have been met.

Validity period and renewal of industrial designs in Portugal

The renewal period for the novelty of an industrial design in Portugal is 12 months from the date of disclosure by the designer. 

In Portugal, there is an official grant fee for designs; the charge is either electronic or paper-based and varies in size. From the filing date to the end of the 25-year design validity period, renewal costs are required every five years. Six months prior to the filing date’s anniversary, renewal costs must be paid. Within six months of the first term’s expiry, late payments are permitted.

Represented by an industrial design registration attorney 

An international applicant for an industrial design registration in Portugal should perform an industrial design search in Portugal through a law firm, or an industrial design attorney.