Applying for a patent in Portugal

A patent is a right obtained for inventions. A patent protects the invention from being used, produced or marketed by others without the authorisation of the proprietor.

Find out more about patent and invention concepts on the Justiça.gov website.

This page provides information on the following:

Applying for patent registration
Provisional Patent Application
Applying for patent registration abroad

Applying for patent registration

In Portugal, patent applications are made at the Portuguese Institute of Industrial Property (INPI).

You can apply for a patent online or using a paper form.

Before applying for a patent, make sure that the invention:

is not yet protected. To do this, you can search the INPI database or check on ESPACENET;
is not publicly known and has never been marketed or described in any document, by the inventor, by the applicant or by others, in Portugal or in any other country.

You will need to submit the following information with your application:

claims of what is considered new and inventive and characterises the invention
a detailed description of the subject matter of the invention
the drawings necessary for a perfect understanding of the description (where applicable)
a summary of the invention
a figure for publication in the Industrial Property Bulletin (if any drawings are necessary to understand the summary)
a title for the invention
inventor identification data (name, address, telephone, email and tax identification number (TIN)
authority code assigned to you, if other requests have already been made
details of who is applying for registration (name, address, telephone, email and tax identification number (TIN)
digital signature, if you need to authenticate documents online
payment of registration fees.

Differences between a patent and a utility model

Patents cover all fields of technology. Utility models do not protect inventions relating to chemical or pharmaceutical substances or processes, or to biological material.

Patents are valid for 20 years from the date of application. Utility models have a maximum validity period of 10 years from the date of the application.

Inventive activity is one of the requirements analysed in a patent/utility model application. However, that requirement is more stringent in patent applications and the invention must not be obvious when compared to what already exists. In the case of applications for utility models, this analysis is simpler and the invention only has to show that it has a technical or practical advantage.

You can apply for a patent or utility model online

Submitting an online application is 50% cheaper than submitting by another way. Use this link to apply for a patent or utility model.

Consult the costs of applying online to register a patent and maintain a patent right on the Justiça.gov portal.

You can apply for a patent or a utility model using a paper form

You will need to complete the PatMut1 patent or utility model application form and the PatMut2 form if the invention has several applicants or inventors, in Portuguese and in duplicate.

Once completed, the forms may be submitted:

in person at the INPI. You will be able to pay in cash or by bank debit card
by post. You can send a cheque payable to ‘IGCP — Agência de Gestão da Tesouraria e da Dívida Pública’ or a postal order payable to ‘INPI, IP’
at a Business Formality Centre
at the Coimbra, Lisbon or Porto Commercial Registry.

Please check the costs for paper applications for registering patents and maintaining patent rights on the Justiça.gov portal.

For full information on how to file a patent application, you can consult the Industrial Property Code, the Formal Requirements Regulations and see an example of a patent application.

Monitor the progress of your patent

Via INPI alerts you can monitor the progress of your patent application. Whenever there is a change in the application, INPI will inform you by email.

After the right has been granted, these alerts also serve to closely monitor the life of your patent.

Provisional Patent Application

A Provisional Patent Application (PPA) is a simpler and more accessible way of filing patent applications.

This protection is suitable for applicants or inventors who:

do not have time to submit an application that meets all the formal requirements
have not yet had the opportunity to assess the potential of the invention
want to make a smaller initial investment compared to the investment required by the patent application.

To submit a Provisional Patent Application you must:

provide a description of the invention, in Portuguese or English, setting out the subject matter of the application in such a way that any competent person in the field could produce the invention
pay the reduced fee.

The Provisional Patent Application will not be accepted if it is drafted in a too simplified, vague or general manner. The document submitted should provide all the technical characteristics which will then be claimed in the final application. Any matter referred to in the final application which does not appear in the provisional application will not be accepted.

You can submit the Provisional Patent Application online

Submitting an online application is 50% cheaper than submitting by another way. A Provisional Patent Application can be submitted via this link.

You can submit a Provisional Patent Application on paper

You will need to complete the PatMut1 patent or utility model application form and the PatMut2 form if the invention has several applicants or inventors, in Portuguese and in duplicate.

Once completed, the forms may be submitted:

in person at the INPI. You will be able to pay in cash or by bank debit card
by post. You can send a cheque payable to ‘IGCP — Agência de Gestão da Tesouraria e da Dívida Pública’ or a postal order payable to ‘INPI, IP’
at a Business Formality Centre
at the Coimbra, Lisbon or Porto Commercial Registry.

Please consult the Justiça.gov website for more information on:

how to apply for a patent and utility model
the time limit for deciding on a patent or utility model
the validity of a patent or utility model
how to extend the validity of a patent
who to contact in the event of a breach of your rights.

Applying for patent registration abroad

The protection granted by the Portuguese Institute of Industrial Property (INPI) is valid only in Portugal. If you want to protect an invention in another country, you must apply for protection abroad.

There are several ways to protect an invention outside Portugal. You can choose to:

apply for a patent or utility model in the country where you wish to protect the invention
submit a European patent application via the European Patent Office (EPO)
submit an international patent application via the World Intellectual Property Organisation (WIPO).

Applying for a patent or utility model in one or more countries

If you wish to protect your invention directly in one or more countries separately, you should apply to the industrial property protection agency in that country and submit the application.

The utility model only exists in a few countries. Consult the list of contacts of international bodies to find out where you should apply.

Applying for a European patent

If you wish to protect your invention in the Contracting States to the European Patent Convention you can apply for a European patent through a single and centralised procedure at the European Patent Office(EPO).

The scope of the patent granted by the EPO is the same in all the Contracting States to the European Patent Convention, but only takes effect once it has been validated in each of the countries where the invention is intended to be protected. Validation means the delivery to the office of each country of a translation of the patent granted in the official language of that country.

In order to validate a European patent in Portugal, it is necessary to file that patent translated into Portuguese and to pay the respective fee:

online, at a cost of EUR 53.93
on paper, at a cost of EUR 107.86.

See information on the time limits for submitting the translation of the patent on the European Patent Office website.

The entire examination, granting and opposition procedure is conducted by the European Patent Office (EPO).

If you have applied for a patent or utility model in Portugal up to 12 months previously, you can use this application to request a European patent.

European patent applications can be submitted to the INPI or EPO

If you have not applied for a European patent in a previous national application, the European patent application must be filed with the Portuguese Industrial Property Office (INPI), failing which the patent, once granted, cannot be in force in national territory.

To submit the application you must:

complete this form, in English, French or German;
submit technical documents defining the patent (summary, description, claims and any drawings);
pay the respective fee.

A European patent application may be submitted:

at the European Patent Office (EPO)

online, via epoline® Online Filling software
by post or fax
- Munich:
  80298 Munich
  Germany
  Fax: +49 (0)89 2399-4465
- The Hague:
  Postbus 5818
  2280 HV Rijswijk
  The Netherlands
  Fax: +31 (0)70 340-3016
- Berlin:
  10958 Berlin
  Germany
  Fax: +49 (0)30 25901-840
in person
- Munich:
  Isar Building
  Bob-van-Benthem-Platz 1 (former Erhardstrasse 27)
  80469 Munich
  Germany
  or
- For PschorrHöfe:
  Bayerstrasse 34
  (entry via Zollstrasse 3)
  80335 Munich
  Germany
- The Hague:
  Patentlaan 2
  2288 EE Rijswijk
  The Netherlands
- Berlin
  Gitschiner Strasse 103
  10969 Berlin
  Germany

at the National Institute of Industrial Property (INPI)

in person or by post
by fax — 21 886 98 59 (then handing in the original documents at the INPI reception)

Protecting your invention in several countries with a single application

If you want to protect your invention in any of the contracting states of the Patent Cooperation Treaty (PCT) you can apply for an international patent. The PCT is managed by the World Intellectual Property Organisation (WIPO).

The international application allows for a single patent application, valid for several countries, in a single language and with a single publication.

Through the PCT application it is possible to obtain protection for PCT contracting states, not only through national channels, but also through regional channels such as with the European patent.

The application then enters into the national or regional stages up to 30 months from the date of submission of the application or the earliest claimed priority date, if priority is claimed in the application.

The application will be examined in accordance with the national laws of each country, with the final order, granting or refusing, being the responsibility of that country. This means that the same invention may be refused or granted in different countries or may even be granted with different texts in different countries.

You can submit the international patent application online

International applications for a patent can be submitted online via ePCT programmes.

You can submit an international patent application on paper

International patent applications are submitted to the World Intellectual Property Organisation (WIPO), but can also be submitted through the Portuguese Institute of Industrial Property (INPI) or the European Patent Office (EPO).

If you do not claim the priority of a national application you have already made, the international application must be submitted to INPI, otherwise the patent will not have effect in national territory.

To submit the application you must:

submit the international patent application form to WIPO, INPI or EPO
provide technical documents defining the patent (summary, description, claims and any drawings) in Portuguese, English, French or German

if it is submitted in English, French or German and does not claim the priority of a Portuguese application, you will also have to submit a translation into Portuguese

pay the respective fee.

A 90 % reduction can be applied in some of the PCT fees (international filing rate, including fee per sheet above 30, additional search handling fee and handling fee) for PCT applications meeting all of the following criteria:

the applicant is a natural person
the applicant is a Portuguese national
the applicant resides in Portugal.

An international patent application may be submitted: