Patent registration in Portugal – Any company that owns a patent and plans to expand its business in the Portuguese market, and create lasting value and find investors for its patent they or their patent licensors in the future should use the Portuguese patent system. It is paramount for businesses to file a patent application in Portugal for inventions, even if the launch of the respective product on the Portuguese market has not yet taken place.
Deadline for a patent application in Portugal
The deadline for filing a patent application in Portugal claiming priority is 12 months from the priority date. This period may be reinstated within two months after the expiration of the 12-month period, provided that a good reason for the delay is given.
Request a patent application in Portugal
The official language of the patent application procedure at the Portuguese Industrial Property Office (INPI) is Portuguese. However, the application may initially be submitted in English. The Portuguese translation of the application must be submitted within one month of notification from the Office, subject to an additional fee.
The following information and documents must be provided in the patent application to the Portuguese Patent Office:
- the name and address of the patent applicant and the patent agent;
- patent claims;
- Patent description, drawings, abstracts;
Normally, the Portuguese Industrial Property Office (INPI) does not require the submission of priority documents. However, in special cases, the Office may require the submission of a notarized copy of the priority document and a translation into Portuguese.
A Power of Attorney is not required if the application is filed through a licensed Portuguese patent attorney.
In case the applicant is not the inventor of the invention, simply specify the name and address of the inventor of the invention and state the manner in which the applicant obtained the rights to the patent. No Deed of Assignment is required.
Examination of patent applications in Portugal
Patent applications in Portugal will go through an examination of form and substance. The content review process will be started automatically. There are no special requirements that need to be fulfilled by the applicant.
Patent validity and renewal
Patents in Portugal are valid for twenty years from the date of filing. The annual renewal fee will be due from the third year from the date of application or priority date. The maintenance fee for the first 2 years will be included in the application fee.
The time frame of the patent application procedure
The average patent application processing time in Portugal is between 2 and 3 years.
Represented by a patent attorney
International applicants must do a patent search in Portugal through a law firm, or an experienced patent attorney.
You can find the list of Portugal IP firms here.