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COUNTRY : PORTUGUESE REPUBLIC
CAPITAL : LISBON
LANGUAGE : PORTUGUESE
The IP office of Portugal is known as Portuguese Institute of Industrial Property INPI and administered by the National Institute of Industrial Property, Secretary of State for Justice and Judicial Modernization
Protection to Inventions is provided at a two tier level in Portugal:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH PORTUGAL IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty “PCT”.
- Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
- Strasbourg Agreement concerning International Classification of Patents
- European Patent Commission.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN PORTUGAL:
IP LAW OF PORTUGAL
Portugal follows the Civil Law system.
Patents in Portugal are governed by:
- The Industrial Property Code CPI 16 /95 and
- Despacho 67 / 95 Patents are granted by the Portuguese Intellectual Property Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN PORTUGAL:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered obvious when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be â€˜when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture
INVENTIONS NOT PATENTABLE IN PORTUGAL:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Processes for modifying genetic identity of human beings
- Usage of human embryos for industrial, commercial purposes.
- Processes for modifying genetic identity of animals, causing them suffering without any substantial medical benefits to either man or animal.
- Human body at various stages of formation and development, decoding one of its elements.
- Sequencing or partial sequencing of a gene.
- Plants and animal varieties.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Portugal is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN PORTUGAL:
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any.
(iv). Priority Data if any.
(v). State of incorporation / nationality of the Applicant.
(vi). Abstract of the Invention.
(vii). Appointment of Agent form signed by the Applicant.
(viii). If the Applicant is not the Inventor, an explanatory statement by way of either assignment or employment.
EXAMINATION OF THE PATENT APPLICATION IN PORTUGAL:
- Once the patent application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt, the patent application is examined for compliance requirements.
- Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition..
- Patent application is substantively examined.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Portgual are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN PORTUGAL:
TERM AND KINDS OF PATENTS GRANTED IN PORTUGAL:
- Patents with a term of 20 yrs.
- Utility Models with a term of 10 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patents confer to its holders or his successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN PORTUGAL:
The exclusive rights of the patentee over the patent are subject to certain limitations which are known as compulsory licences.
Compulsory licences are granted on the following grounds:
(i). Lack of insufficient exploitation of the patented invention. The patentee is to exploit the invention either directly or by a person authorised by him satisfying the market needs within 3 yrs. but not after 4 yrs. from the date of filing of the patent;
(ii). Owing to International trade requirements.
(iii). Owing to dependency between patents, which means, it would be impossible to work the patent without infringing the rights of the patentee of a prior invention.
(iv). Owing to public interest where the patented invention would be needed to be used towards public health or safety or when the lack or insufficient use of the patented invention inflicts serious damage to the country’s economic or technological process.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Portugal, can assist you comprehensively with Compulsory Licence matters.