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Information on applying for a patent in Portugal

Can I claim priority for an application filed in or for a country belonging to the Paris Convention or WTO?
Yes. Portugal is an effective member of the Paris Convention since 1883 and WTO member. The priority term is, as would be expected, 12 months from the earliest claimed priority. Multiple priorities are possible. Subsequent priority filings are also possible, if the earlier application is withdrawn - note there is no 'same state' requirement, thus, like a few other states, offering applicants an option that goes slightly beyond the Paris Convention.
 
What do I need to do to get an early filing date in Portugal?
It is possible to file a provisional application in order to get an early filing date in Portugal. The requirements are: applicant’s details including name, nationality, address; inventor(s) details; applicant's signature; and a document describing the object of the application in such a way that the invention can be carried out by a person skilled in the art. 

There is a small filing fee, which if unpaid the Office may deem the application not filed. There are no formal requirements for a filing date. Although claims are not required, they are recommendable.
A provisional application must be converted into a definitive application within 12 months of filing. 

What kind of inventions can be patented in Portugal?
Practically all inventions involving technical considerations - have a look in General information.

Are Portuguese invention patents and utility model patents subject to substantive examination?
Applications for patents for invention are subject to substantive examination (novelty, inventive step and industrial applicability). Utility model applications only undergo a formal verification, unless substantive examination is requested by the applicant or other interested party. 

Note that legal enforcement of the utility model requires a positive examination. An utility model will be considered inventive if it offers a practical or technical advantage for the manufacture or use of the product or process in question.
 
How soon after filing a patent application in Portugal do I need to file a request for examination?
There is no need or possibility to request examination as substantive examination of patents is automatically initiated by the Office.
 
Are there any patent prosecution highway agreements (PPH)?
Yes, there are. Currently, PPH agreements exist for acceleration of examination for both national and PCT work products. These are also valid for national applications.
The national PPH guidelines can be found here.
Portugal has joined the Global PPH Pilot whose members are Australia, Canada, Denmark, Finland, Hungary, Iceland, Israel, Japan, Korea, Norway, Russia, Spain, Sweden, United Kingdom, United States and the Nordic Patent Institute. Portugal also maintains a direct agreement with SIPO (China). 

Can I submit a request for a time limit extension with the Portuguese Office?
Yes, you can request extensions of some particular time limits, if you are unable to perform a certain act or procedure within the time limit concerned. You do not usually need to explain the reasons why you are asking for an extension, but most of the times a fee will be required. However, it must be said that most time limits cannot be extended.

What is the time limit for responding to official actions in Portugal?
In the substantive examination procedure, the time limit for responding to the first office action is two months and for the second office action it is just one month. For formal matters, a single non-extendable period of two months applies.
The time limit is calculated from the date on which the notification is presumed sent to the party concerned. Postal remitting dates are usually accepted as evidence of the response date.
There are no further office actions or oral proceedings foreseen by law, but phone or personal interview requests are usually well received.
 
Is there a possibility for re-establishment of rights in respect of a missed time limit?
There is. The request must be made within 2 months from the removal of the cause of non-compliance and within 12 months of the original time limit. The omitted act must be carried out within the same time frame and a fee must be paid. The 12 month limit is reduced to 2 months when restoring a priority right. The re-establishment is done without prejudice to the rights of third parties who, meanwhile and in good faith, have started to use the invention. Note that the Office applies the "due care" criterion.

Can I request that my patent application be published earlier than 18 months from the filing or priority date? 

Yes, you can. Publication may be brought forward at the applicant’s express request.  There is a small fee for this. File inspection will then also be available from the early publication. 

Can I withdraw my application before it is published in Portugal? 

Yes, you can withdraw your application at any time before grant. Where the request for withdrawal is submitted after the preparations for publication have been completed, the document will be published as scheduled, and the withdrawal will be published in the next issue of the patent bulletin.  

Does Portugal allow divisional applications? 

Yes. Where an application contains two or more inventions, applicants may submit a divisional application on their own initiative or in accordance with an office action from an examiner. Divisional applications must be submitted on the basis of the initial application, until notification being given by publication in the Industrial Property Bulletin of the grant.

Can I submit third-party observations on a Portuguese patent application? 

Not really. Portugal does not have a third-party observations system like that of the European Patent Convention (EPC). There is an opposition period of two months after publication, requiring written grounds and payment of a fee. Any person may submit informal comments on the lack of conformity of an application with the provisions of the patent law, but it is not legally clear how, or if at all, the case examiner will take these into consideration. 

How can oppositions be filed against a Portuguese patent application? 

There is a very brief opposition period of two months after publication, requiring written grounds and payment of a fee.
As this period is so short, it is highly recommendable that any company having an interest in the Portuguese market contracts specialised assistance for the diligent inspection of publications.

More information on utility models

Can I apply for an invention patent and a utility model at the same time in Portugal?
Yes, it is possible to file invention and utility model applications in parallel to obtain early protection in Portugal. The applications must be filed by the same applicant, within the priority year of the first file. They must relate to the same invention. Upon notification of grant of the patent, the utility model ceases effect.

Can Portuguese patent applications be converted into utility model applications?
A patent application can be converted in Portugal into an utility model application, and vice-versa, as long as the application is pending. However, by the dual filing of applications for invention patents and utility models, it may be possible to obtain early protection. Upon notification of grant of the patent, the utility model lapses.  

Are there any limitations as to what can be protected by utility models?
Yes, there are. A utility model cannot encompass inventions involving biological materials, or inventions involving chemical or pharmaceutical substances or processes. 

What are the special characteristics of the Portuguese utility models? 
There is no grace period and both oral disclosures and prior public use, even if foreign, are relevant prior art. Furthermore, public file availability is not immediate but only on publication, which is - by default - at 6 months from the filing date. The publication date can be extended up to 18 months from the filing or priority date.