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Patent Filing in Portugal

Portugal is a member of both PCT and Paris Convention. Patent application can be filed in Portugal by designating Portugal in a European patent application derived from the PCT application.

Term of patent: 20 years from the date of filing of the international application. Patent Office: Portugal Institute of Industrial Property

 

Paradigm to obtain a patent in Portugal:-
  • Filing of patent application
  • Search report
  • Request for Examination
  • Publication of the application
  • Compliance with the examiners office action
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
  • Annuities are to be paid after the grant of the patent.
  • Opposition: may be filed within nine months of the date of the announcement of grant.
Documents required for filing of Patent Application in Portugal

1. PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • English, French or German translation of the specification and priority documents
  • Power of Attorney

2. Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • Portugal translation of the specification and priority documents
  • Power of Attorney
Remarks:
  • Portugal is automatically designated in a European regional/national phase filing.
  • Timeline for national phase entry in Portugal is 31 months
  • Timeline for conventional filing is 12 months from date of priority