How To Register For Patent

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Patent

How to register a patent

In Portugal, patent applications are submitted at INPI - National Establish of Industrial Belongings.

The patent confers the right to protect the invention from being used, produced or commercialised by others without the holder's authorisation.

To apply for the patent of an invention y'all must consider sure requirements

Before filing the patent application, brand certain that the invention:

• is not yet protected
• is non publicly known and has never been commercialised or described in whatever document past the inventor, the bidder or others in Portugal or in any other state.

For this you lot will need to nowadays the following elements:

• Claims of what is considered new and inventive and characterizes the invention
• A detailed description of the object of the invention
• Drawings necessary for the perfect understanding of the description (when applicable)
• Summary of the invention
• Drawings for publication in the Industrial Property Bulletin (if there are drawings that are necessary to understand the abstract)
• A championship for the invention
• Identification data of the inventor (proper name, address, phone, email and TIN)
• Entity code granted to yous, if yous have already fabricated other requests
• Details of who applies for registration (proper noun, address, phone, email and TIN)
• Digital signature if you need to authenticate documents online
• Payment of application fees.

If y'all prefer, you can annals on newspaper

To do this, you will need to consummate the PatMut1 application class or PatMut2 utility class if the invention has multiple applicants or inventors in Portuguese and in duplicate.

Once completed, the forms can exist delivered:

• at INPI, in person or by post

  - If you choose to practice it in person, y'all can go along with payment through cash or ATM;

  - If yous wish to ship past mail, you tin can pay by check to "IGCP - Agência de Gestão da Tesouraria e da Dívida Pública" or through Postal Society to "INPI, IP".

  INPI - Public Helpdesk
  Campo das Cebolas
  1149-035 Lisboa

• in one of the Business Formalities Centres
• at the Commercial Registry of Coimbra, Lisbon and Porto counters.

The application for a patent takes at least 21 months

The application for a patent does non accept an automatic decision and more often than not passes through the post-obit stages:

• Submit the application
• Formal examination
• Publication of the application in the Industrial Property Bulletin (18 months from the date of request)
• Deadline for interested parties to oppose (elapsing of 2 months later on publication)
• Examination of the invention
• Conclusion
• Borderline to appeal the decision (two months). You can appeal to the Intellectual Holding Court or to the arbitration centre ARBITRARE.

The patent has a elapsing of xx years from the engagement of application

During the time that the patent is valid, the holder must:

• Pay the annuities
• Exist vigilant, consult the Industrial Holding Message and denounce patent applications that may jeopardize your rights.

The non-payment of ane of the annuities leads to the loss of the right.

If yous choose the utility model, the procedure is simplified

The process, as a rule, consists of the following phases:

• Submit the application
• Formal examination
• Publication of the application in the Industrial Holding Bulletin (six months from the engagement of asking)
• Borderline for interested parties to submit objections (duration of 2 months after publication of the application)
• Examination of the invention (optional)
• Deadline to appeal the decision (2 months). You tin can appeal to the Intellectual Property Court or the mediation centre ARBITRARE.

Utility model application with test

The utility model has a maximum elapsing of 10 years from the date of application

During the time that the utility model is valid, you, must:

• pay the annuities
• be vigilant, consult the Industrial Property Bulletin and denounce requests that may jeopardize your rights.

Follow the process of your patent

Through INPI alerts, you can follow the evolution of your patent process. Whenever there is a change in the application, INPI volition notify you by electronic mail.

These alerts also serve, afterwards granting the right, to closely monitor the life of your patent.

Conditional Patent Application

A Provisional Patent Application is a simpler, easier and more than affordable way to file patent applications.

This protection is indicated for applicants or inventors who:

• do not have fourth dimension to file an application that meets all formal requirements
• have not yet had the opportunity to appraise the potential of the invention
• want to make a lower initial investment compared to the investment required by the patent awarding.

To request a PPA you lot demand to:

• present a description of the invention in Portuguese or English describing the object of the application in order to allow the invention to exist executed by whatever person skilled in the art
• pay a reduced fee.

The PPA has no practical effect if it is besides simplified, vague or comprehensive. The submitted document must show all the technical characteristics that will be later claimed in the definitive application.

Registering on this page is 50% cheaper than registering in some other fashion. Utilize the Register patent push button to place the provisional patent application.

If you prefer, you lot can annals on newspaper

To do this, you will need to complete the PatMut1 application form or PatMut2 utility grade if the invention has multiple applicants or inventors in Portuguese and in indistinguishable.

In one case completed, the forms can be delivered:

• at INPI, in person or by post

  - If you cull to do it in person, you can proceed with payment through cash or ATM;

  - If you wish to send past mail, you can pay by check to "IGCP - Agência de Gestão da Tesouraria e da Dívida Pública" or through Postal Lodge to "INPI, IP".

  INPI - Public Helpdesk
  Campo das Cebolas
  1149-035 Lisboa

• in 1 of the Business Formalities Centres
• at the Commercial Registry of Coimbra, Lisbon and Porto counters.

The Conditional Patent Application may be converted into a definitive application

Before 12 months have elapsed from the appointment of awarding, the applicant shall request the conversion of the provisional awarding into a definitive patent awarding. If the application is not converted inside the time limit, the applicant loses the priority and the application becomes ineffective.

To request a provisional order conversion request, you need to:

• present, in Portuguese, all documents necessary for the teaching of a patent awarding (claims, descriptions, drawings and summary)
• pay the fee corresponding to a definitive patent application.

If you prefer, yous can annals on newspaper

To do this, you will need to complete the PatMut3 form in Portuguese and in indistinguishable and marker Point 6 "Conversion of PPA to concluding".

One time completed, the form tin be submitted:

• at INPI, in person or by post

  - If you choose to exercise it in person, yous tin proceed with payment through greenbacks or ATM;

  - If you wish to transport by postal service, yous can pay by check to "IGCP - Agência de Gestão da Tesouraria e da Dívida Pública" or through Postal Society to "INPI, IP".

  INPI - Public Helpdesk
  Campo das Cebolas
  1149-035 Lisboa

• in 1 of the Business Formalities Centres
• at the Commercial Registry of Coimbra, Lisbon and Porto counters.

Extend the validity of some patents

Through a Supplementary Protection Certificate (SPC), the protection conferred by a patent for a particular product, medicinal or constitute protection product may be extended up to a maximum of 5 years in respect of the protection conferred past a basic patent (xx years).

To use for an SPC, you need:

• a summary of the product characteristics
• a re-create of the first Marketing Authorisation (MA) in Portugal in order to place the product, including, namely, the number and appointment of dominance
• the number, date and land where the outset Marketing Authorisation was issued (if the authorisation in Portugal is not the first Marketing Authorisation in the European economical area as a medicinal or plant protection product)
• a copy of the first marketing authority in the European economical area or the publication in the Official Gazette of the authorisation as a medicinal or a establish protection product, with the number and the date of the authorisation (where applicable)
• payment of the application and examination fees.

Once the application has been submitted to INPI, an examination shall be performed to check whether it was submitted within the time limit and meets the conditions determined by the Regulations of the European Parliament and by the Industrial Property Code regarding the creation of Supplementary Protection Certificates for medicinal and plant protection products.

The determination of refusal or grant of a SPC is published in the Industrial Property Message.

Decisions issued by INPI can be subject of appeal to the Intellectual Property Court, within ii months post-obit its publication in the Industrial Holding Bulletin.

Registering on this page is l% cheaper than registering on paper. Apply the Register patent button to request the Supplementary Protection Certificate.

If y'all prefer, you lot tin register on paper

For this, you volition need to complete the PatMut4 class, in Portuguese and in duplicate, and indicate the number and the title of the base patent, as well as the number and date of the first MA in Portugal.

• at INPI, in person or by post

  - If y'all cull to practice information technology in person, you can proceed with payment through cash or ATM;

  - If you wish to send by mail service, y'all can pay past check to "IGCP - Agência de Gestão da Tesouraria due east da Dívida Pública" or through Postal Social club to "INPI, IP".

  INPI - Public Helpdesk
  Campo das Cebolas
  1149-035 Lisboa

• in one of the Business Formalities Centres
• at the Commercial Registry of Coimbra, Lisbon and Porto counters.

You can besides protect your invention abroad

The protection granted past INPI is only valid in Portugal. Industrial Belongings rights are territorial rights and are only protected in the country in which they had been granted.

For case, if your invention is only protected in Portugal, yous can only enforce your rights in Portugal. Therefore, you lot cannot prevent someone in Kingdom of spain from producing or selling an invention similar or even equal to yours. You can just prevent this person from exporting the protected product to Portugal.

• a patent or utility model (where applicative) directly in the country where you intend to protect your invention
• an European patent
• an international patent, based on the PCT - Patent Cooperation Treaty.

If you intend to protect your invention away, delight be aware that the patent application or utility model filed in Portugal allows yous to use a priority right of 12 months to file the awarding in another state. If this time limit is respected, the application made abroad will be regarded equally having been filed at the same appointment every bit the origin awarding filed in Portugal.

This priority is a great advantage because information technology allows your application for registration away to be treated as if it had been made on the date when protection was sought in Portugal. In this way, information technology guarantees that no other application that has been submitted during this 12-calendar month period could invalidate the protection of your invention abroad.

It is non mandatory to claim the priority of an application filed in Portugal to apply for the protection of an invention abroad. Nonetheless, if you wish the European or international application to exist valid in Portugal, you lot must present it at INPI.

Patent protection is non mandatory simply is the simply legal way of protecting the invention

The patent confers the holder the exclusive correct to exploit the invention anywhere in the Portuguese territory. The patent also confers the right to forbid others from manufacturing, commercialising or using the product of the patent without the possessor´due south consent .

Once the patent or utility model has been granted, the holder may permit others, gratuitous of charge or paid, to apply, produce and commercialise the invention.

If there is understanding between the owner of the invention and the suspected offender, they may choose to settle the affair at the ARBITRARE arbitration eye .

Data updated on xi June 2021 19:05

Source: https://justica.gov.pt/en-gb/Registos/Industrial-Property/Patent/How-to-register-a-patent

Posted by: millermandist37.blogspot.com

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