Patents Laws in Portugal
Here’s a detailed overview of patent laws in Portugal:
1. Governing Law
Patent protection in Portugal is governed by the Portuguese Industrial Property Code, which implements EU directives and international treaties.
The Portuguese Institute of Industrial Property (INPI) is the national authority responsible for patents.
2. Types of Patent Protection
National Patents granted by INPI, valid in Portugal.
European Patents granted by the European Patent Office (EPO) can be validated in Portugal.
Portugal is part of the European Union (EU), so EU patent regulations also impact patent law.
Portugal does not currently have a unified EU patent system (unitary patent) fully implemented but is a participant in the Unitary Patent system.
3. Patentability Criteria
To be patentable in Portugal, an invention must be:
Novel: Not disclosed publicly before filing.
Involve an inventive step: Non-obvious to someone skilled in the art.
Industrially applicable: Capable of being made or used in any kind of industry.
Exclusions from patentability:
Discoveries, scientific theories, mathematical methods
Aesthetic creations
Schemes, rules or methods for performing mental acts, playing games, or doing business
Computer programs “as such”
Presentation of information
Methods for treatment of the human or animal body by surgery or therapy (except products used in such methods)
4. Filing Procedure
Patent applications can be filed directly with the INPI.
Applications can also be made via:
The European Patent Office (EPO), validating the patent in Portugal.
The Patent Cooperation Treaty (PCT) route.
Required documents include the description, claims, abstract, drawings (if applicable), and payment of fees.
5. Duration and Renewal
Patents are valid for 20 years from the filing date.
Annual renewal fees must be paid to maintain the patent.
6. Enforcement
Patent infringement cases are handled by Portuguese civil courts.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
7. International Treaties
Portugal is a member of:
The European Patent Convention (EPC)
The Patent Cooperation Treaty (PCT)
The Paris Convention
The World Intellectual Property Organization (WIPO)
The European Union (EU) with its associated IP regulations.
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