Patent Registration in Portugal

The main sources of patent law in Portugal are:

  • laws (Portuguese and EU);
  • international treaties; and
  • case law.

The most recent major revision of the Industrial Property Code was approved by Decree-Law 110/2018, which entered into force on 1 July 2019. This new law incorporated EU Directive 2016/943 on protecting know-how and trade secrets into Portuguese law.

The Industrial Property Code sets out, among other things:

  • the requirements for obtaining a patent;
  • the resulting rights accorded; and
  • the remedies for patent infringement.

Portugal is a member of the following:

  • the Paris Convention (since 1883);
  • the World Intellectual Property Organization (since 1967);
  • the European Union (since 1986); and
  • the World Trade Organization (since 1995).

The following treaties are also applicable:

  • the Strasbourg Agreement;
  • the European Patent Convention;
  • the Patent Cooperation Treaty;
  • the International Union for the Protection of New Varieties of Plants Convention; and
  • the Budapest Treaty.

However, the Patent Law Treaty and the London Agreement are not applicable in Portugal.

In March 2012, Portugal established a specialized IP Court. In addition, Portugal has signed the Agreement on a Unified Patent Court.

Filing requirements

Portuguese is the only language used in all proceedings before the Portuguese Industrial Property Office (INPI). The application could, however, be submitted in English at first. Upon payment of an extra cost, a Portuguese translation thereof must be produced within one month after the Office’s corresponding notification.

To obtain the filing date, an application should contain at least the following:

  1. the applicant’s name or company name, address, and nationality of the applicant(s) and inventor(s);
  2. an indication of the number, date, and country of priority (if any);
  3. application text (title, description, claims, abstract, and drawings) in Portuguese or English.

The filing of the Priority Document is typically not necessary, according to the Portuguese Industrial Property Office (INPI). However, in exceptional cases, the Office may ask for the submission of a certified copy of the priority document and a Portuguese translation of it.

If the application is submitted through a duly licensed Portuguese patent attorney, the Power of Attorney is not necessary.

When the applicant is not the inventor, it is sufficient to indicate the inventor’s name, address, and how the applicant obtained the patent right. There is no Assignment Deed necessary.

Novelty grace period

The grace period for submitting a patent application in Portugal is six months from the date of disclosure, provided that the disclosure occurs at a legitimate, internationally sanctioned exhibition or as the result of obvious wrongdoing involving the inventor or his legal heir. Filing a certificate that attests to your participation in the show is necessary.

Validity term

Portugal grants 20 years from the date of filing for patents. For a Portuguese patent, the grant fee must be paid; the grant fee’s cost varies depending on whether the certificate is paper-based or electronic. Annual fees are due in the third year following the filing or priority date. The filing fee includes the first two yearly fees. The Portuguese Patent Office offers a 100% reduction for the third and fourth-year payments. However, the applicant must inform the Office that the third and fourth years of the patent should be renewed. The anniversary of the priority date or filing date must be paid six months before any further yearly fees are due.

Utility model

An invention may be protected in Portugal as a utility model. An invention must be brand-new, used in industry, and include an inventive step. A utility model’s maximum period of validity is ten years. Initial protection is granted for six years.

Also, contact for trademark registration in Portugal.

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