PT - Portugal
National Institute of Industrial Property (Portugal)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: National Institute of Industrial Property (Portugal)
PTL: Industrial Property Code (Portugal)
APL: Administrative Procedures Law
List of currencies used in this document:
EUR (Euro)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Portugal
Two-letter code:
PT
Portugal - National Institute of Industrial Property (Portugal)
Name of Office:
National Institute of Industrial Property (Portugal)
Location:
Campo das Cebolas
1149-035 Lisboa
Portugal
Mailing address:
Same as above
Telephone:
(351-21) 881 81 00
E-mail:
servico.publico@inpi.pt
Website:
Facsimile:
(351-21) 886 98 59
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, 
within 14 days from the date of the transmission
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
EP
European Patent Organisation - European Patent Office (EPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
PT
Portugal - National Institute of Industrial Property (Portugal)
Does national legislation restrict the filing of international applications with foreign Offices?
Industrial Property Code, Article 92 “Submission of International Applications”
Unless priority of an earlier application filed in Portugal is claimed
Yes
Filing restrictions apply to:
Applications by residents
Competent designated (or elected) Office(s) for this State:
National protection: PT
European patent: EP
Types of protection available via the PCT:
National:
Patents
Utility models (a utility model may be sought instead of or in addition to a national patent)
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
After a patent has been granted, the applicant is entitled to reasonable compensation for the period following the international publication of the international application. For that purpose, and since the international publication is not effected in Portuguese, the applicant must submit to the National Institute of Industrial Property a translation of the claims into Portuguese, accompanied by a copy of the drawings, if any. The provisional protection applies as from the date when the translated claims are made available to the public.
Where the designation is made for the purposes of a European patent:
After the international publication or, if that publication was effected in a language which is not one of the official languages of the EPO, after the publication by the EPO of the international application submitted to the EPO in one of its official languages, the applicant must submit to the National Institute of Industrial Property a translation of the claims into Portuguese, accompanied by a copy of the drawings, if any. The provisional protection applies as from the date when the translated claims are made available to the public.
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
Must be in the request. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Portugal
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).
English, 
French, 
German, 
Portuguese
Language accepted for language-dependent free text in the sequence listing:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English, 
French, 
German, 
Portuguese
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via EPO Online Filing or ePCT-Filing
For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 28 January 2016, pages 30 et seq. and 13 September 2018, page 290.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Fees payable to the receiving Office:
Transmittal fee:
online 10.91 EUR
on paper 21.82 EUR
International filing fee:
1,378 EUR
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 EUR
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
207 EUR
Electronic filing (the request, description, claims and abstract in character coded format):
311 EUR
Search fee:
Refer to
Annex D(EP)
Fee for priority document (PCT Rule 17.1(b)):
electronic copy 16.37 EUR
paper copy 43.62 EUR
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
where the request is filed online 163,60 EUR
where the request is filed on paper 327,20 EUR
Is an agent required by the receiving Office?
No
Who can act as agent?
An official industrial property agent, an appointed lawyer, or a registered representative
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
If the applicant is not represented by an official industrial property agent
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
If the applicant is not represented by an official industrial property agent

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
None
— any additional indications:
At the time of filing (as part of the application)
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, relevant information on the characteristics of the microorganism
Additional information
For the purposes of the patent procedure before the National Institute of Industrial Property (Portugal), a deposit is required not later than at the date of filing the international application with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Portuguese
Required contents of the translation for entry into the national phase:
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the applicant may still file the translation and/or pay the fee within one month from the expiration of the applicable time limit, subject to the payment of a surcharge equal to 50% of the filing fee
Under PCT Article 22: Description, claims (if amended, as amended only), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the applicant may still file the translation and/or pay the fee within one month from the expiration of the applicable time limit, subject to the payment of a surcharge equal to 50% of the filing fee
Includes publication and examination
Patents
Filing fee (includes publication and examination):
Online 54,54 EUR
On paper 109,08 EUR
Utility models
Filing fee (includes publication and examination):
Online 54,54 EUR
On paper 109,08 EUR
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 1 2
Deed of assignment or transfer if the applicant is not the inventor 1
Appointment of an agent if the applicant is not resident in Portugal 2
Who can act as agent?
An official industrial property agent, an appointed lawyer, or a registered representative
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

PT.01 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
PT.02 FEES (MANNER OF PAYMENT)
The manner of payment referred to in the Summary and in this Chapter is outlined in Annex PT.I.
PT.03 POWER OF ATTORNEY
An agent must be appointed by filing a power of attorney. A model is given in Annex PT.II.
PT.04 RENEWAL FEES
PTL Art. 368.1, PTL Art. 368.2, PTL Art. 368.3
Annual fees for the first two years are included in the filing fee. They are payable for the third and each subsequent year following the international filing date, even when the corresponding rights have not yet been granted. For the third and fourth annual fees the Office applies a reduction of 100% (the applicant does not pay any fee). However, the applicant must indicate to the Office that the patent should be renewed for the third and fourth years. The first payment must be made after the filing of the Portuguese translation of the international application, and must occur within three months from the next anniversary of the application filing date following the filing of the translation. Subsequently, annual fees become due each year during the six months preceding the anniversary of the international filing date. Late payment can be made within six months from that anniversary together with 50% surcharge. The amounts of the annual fees are shown in Annex PT.I.
PT.05 DEED OF ASSIGNMENT
Where the applicant claims the priority of an earlier application under which he is not the applicant, a deed (or deeds) of assignment must be furnished. For details, refer to the sample of such deed (not an official form) in Annex PT.III. Legalization is not required. For time limits, refer to the Summary. Where the applicant is not the inventor, it is sufficient to designate the inventor and to state how the applicant acquired the right to the patent.
PT.06 AMENDMENT OF THE APPLICATION
PCT Art. 28, PCT Art. 41
The applicant may amend or correct the international application up to the grant of a patent, provided the scope of the subject matter of the application is not broadened thereby. Requests for amendments may be subject to payment of a fee.
PT.07 PUBLICATION OF THE APPLICATION
PTL Art. 69
After the international publication, the Office publishes in the Industrial Property Bulletin a notice that the application has entered the national phase, with all the elements which are relevant for the identification of the application. An opposition may be filed by a third party within two months from the date of publication of the notice and is subject to a fee, whose amount is shown in Annex PT.I. If no opposition is filed, the application is subject to a substantive examination.
PT.08 SUBSTANTIVE EXAMINATION
All patent applications are subject to substantive examination, but no special request has to be made.
PT.09 PUBLICATION OF GRANT
PTL Art. 70
If the examination concludes that the patent can be granted, a notice of acceptance of grant shall be published in the Industrial Property Bulletin.
PT.10 REVIEW UNDER PCT ARTICLE 25
PCT Art. 25, PCT Rule 51, APL Art. 158 et seq.
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal may be filed with the President of the Office against the decision of the Director of Services. If the Office confirms its decision, another appeal may be filed with the competent Minister and ultimately with the Lisbon Administrative Court which will decide on the appeal. The amount of the appeal fee is shown in Annex PT.I.
PT.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2)
Reestablishment of rights may be requested where the applicant was unable, for legitimate reasons, to observe a time limit during the international phase or before the Office. A request for reestablishment must be filed with the Office in writing and the omitted act must be performed. The request must state the grounds on which it is based and set out the facts to which it refers.
PT.12 UTILITY MODEL
PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, PTL Art. 119
If the applicant wishes to obtain a utility model in Portugal, on the basis of an international application
(i) instead of a patent or
(ii) in addition to a patent, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.
PT.13
PTL Art. 119.5, PTL Art. 119.6, PTL Art. 142
If the international application is for a utility model instead of a patent, the requirements are basically the same as for patents. The maximum term of protection for a utility model is 10 years. Any utility model is no longer valid after a patent has been granted for the same invention.
PT.14
If the international application is for both a utility model and a patent, the applicant must, within the time limit applicable for entry into the national phase, comply with the same requirements as for a patent application except that he has to:
(i) pay two filing fees for both the patent and the utility model,
(ii) where the international application was not filed in Portugal, to furnish a translation in duplicate into Portuguese.
PT.15 SUBSTANTIVE EXAMINATION
PTL Art. 132
All utility model applications are subject to substantive examination since 1 July 2019. For the non-examined utility models filed before 1 July 2019 that are still pending or that were provisionally granted, the examination can be requested by the applicant at any given time. In this case, this option should be selected in the application form or, if the examination is requested later, a form should be filled in for this purpose and the corresponding fee should be paid.
PT.16 PROVISIONAL GRANT FOR THE UTILITY MODEL
PTL Art.6 (transitional provisions)
The non-examined utility models that were filed before 1 July 2019 and that are still pending can be provisionally granted if they were not subject to substantive examination and no opposition was filed. However, non-examined utility models are no longer accepted by the Office since 1 July 2019.
PT.17
Where, in the case referred to in paragraph PT.13, the international application does not contain drawings, the applicant must furnish the drawing(s) within the time limit applicable under PCT Article 22 or Article 39(1). Where the applicant does not furnish the drawing(s) within the applicable time limit, the Office will invite him to furnish the drawing(s) within a time limit fixed in the invitation. Where an international application is converted into a utility model application (refer to next paragraph), the drawing(s) must be submitted with the request for conversion.
PT.18 CONVERSION
An international application for a patent may be converted into a utility model application after the applicant has complied with the requirements for entry into the national phase for a patent application as mentioned in the Summary. The conversion is subject to payment of a fee for conversion shown in Annex PT.I and may be requested up to the grant of the patent.
PT.19
An international application for a utility model may be converted into a patent application after the applicant has complied with the requirements for entry into the national phase for a utility model application, as shown in the Summary. The conversion is subject to the payment of a fee for conversion shown in Annex PT.I and may be requested up to the grant of the utility model.

Annexes

Annex PT.I - Fees
Patents
Filing fee (includes publication and examination)
Online 54.54 EUR
On paper 109.08 EUR
Amendment fees:
— corrections of the applicant or patentee details
—
— claims, description, drawings, abstract, title or other elements
Online 27.27 EUR
On paper 54.54 EUR
Fee for conversion of a patent into a utility model
Online 190.87 EUR
On paper 381.74 EUR
Annual fees:
— for the 1st year to the 4th year
—
— for the 5th year
Online 53.79 EUR
On paper 53.79 EUR
— for the 6th year
Online 80.66 EUR
On paper 80.66 EUR
— for the 7th year
Online 107.56 EUR
On paper 107.56 EUR
— for the 8th year
Online 161.35 EUR
On paper 161.35 EUR
— for the 9th year
Online 322.67 EUR
On paper 322.67 EUR
— for the 10th year to the 11th year, per year
Online 376.46 EUR
On paper 376.46 EUR
— for the 12th year
Online 430.23 EUR
On paper 430.23 EUR
— for the 13th year
Online 484.01 EUR
On paper 484.01 EUR
— for the 14th year
Online 537.80 EUR
On paper 537.80 EUR
— for the 15th year to the 16th year, per year
Online 591.56 EUR
On paper 591.56 EUR
— for the 17th year to the 18h year, per year
Online 699.12 EUR
On paper 699.12 EUR
— for the 19th year to the 20th year, per year
Online 752.90 EUR
On paper 752.90 EUR
Fee for late payment of annual fees
50% of the online fee
50% of the paper fee
Opposition fee
Online 54.54 EUR
On paper 109.08 EUR
Appeal fee (for each level)
Online 163.60 EUR
On paper 327.20 EUR
Fee for reestablishment of rights
Online 163.60 EUR
On paper 327.20 EUR
Fee for restoration of the right of priority
Online 163.60 EUR
On paper 327.20 EUR
Utility models
Filing fee (includes publication and examination )
Online 54.54 EUR
On paper 109.08 EUR
Examination fee
Whenever examination is requested for non-examined utility models (non-examined utility models are no longer accepted by the Office since 1 July 2019)
Online 81.81 EUR
On paper 163.60 EUR
Amendment fees:
— corrections of the applicant or patentee details.
—
— claims, description, drawings, abstract, title or other elements
Online 27.27 EUR
On paper 54.54 EUR
Fee for conversion of a utility model into a patent
Online 109.07 EUR
On paper 218.14 EUR
Annual fees:
— for the 1st year to the 4th year
—
— for the 5th year to the 7th year, per year
Online 32.72 EUR
On paper 49.08 EUR
— for the 8th year to the 10th year, per year
Online 38.15 EUR
On paper 54.54 EUR
Fee for late payment of annual fees
50% of the online fee
50% of the paper fee
Opposition fee
Online 54.54 EUR
On paper 109.08 EUR
Appeal fee (for each level)
Online 163.60 EUR
On paper 327.20 EUR
Fee for reestablishment of rights
Online 163.60 EUR
On paper 327.20 EUR
Fee for restoration of the right of priority
Online 163.60 EUR
On paper 327.20 EUR
How can payment of fees be effected?
Payment of fees by nationals may be effected in cash, by check, by ATM or by postal order for paper filings.
For online filings, payment of fees should be made by ATM
For non-nationals, online payments should be made by credit card (Visa or MasterCard)
Payment of fees by bank transfer is only permitted under very exceptional conditions. Please contact the
Office at servico.publico@inpi.pt for further details
All payments must give the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex PT.II - Power of attorney
Annex PT.III - Deed of assignment
Notes:
1 a b This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
2 a b Unless an e-mail address or facsimile number is furnished.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00