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Validating a granted European patent in Portugal

Must a granted European patent, in order to have effects in Portugal, be translated under Art. 65 EPC?
Yes, a translation must be filed 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended, or a central limitation is published in the European Patent Bulletin. There is a one-month supplementary period subject to payment of a surcharge fee. The translation must be accompanied by a copy of the drawings, even where there is no textual matter. If there is simultaneous protection by a national patent, that fact must be brought to the attention of the Office.

What is the status on the accession of Portugal to the London Agreement?
Portugal has not acceded to the London Agreement and there is no indication that Portugal has currently plans to pursue this accession. 

And what about the European Union unitary patent?
Portugal is a participant in the enhanced cooperation on the unitary patent protection and has signed the Agreement on a Unified Patent Court, as accordingly only Spain and Italy have 'opted out' of the current enhanced EU cooperation process.

What is the authentic text of the European patent application?
The Portuguese translation is considered authentic if, in the translated text, the application or European patent confers less protection than that conferred by the same application or patent in the language used in the file. Nevertheless, the applicant or proprietor of a European patent may, at any time, revise the translation, which only comes into effect when supplied to the National Industrial Property Office and made available to the public, though intervening serious use, in good faith, will be protected (Art. 70(4)(b) EPC). 

Is there a provisional protection under Art. 67 EPC for a European patent application?
Yes, Portuguese law provides provisional protection after publication of the European application under Art. 67(1) EPC, said protection being equivalent to published national patent applications, provided that a translation of the claims, accompanied by a copy of the drawings, is filed. A notice is then published in the patent bulletin and, simultaneously, the translation together with the drawings, if any, are made available to the public. Provisional protection may be called upon even before publication, against a third party who has been notified of the submission of the application and received the details of the case.

What are the rights conferred by the provisional protection?
The provisional protection provides the same protection as that of a granted patent, to be considered in the calculation of any compensation (Art. 5(1) CPI). Nevertheless, verdicts in suits brought up on the basis of provisional protection cannot be delivered before the final grant or refusal of the application, as the judicial case is suspended at the end of the submission of the arguments by the parties.

Portugal as a filing office for a European patent application 

European Patent (EP) applications may be filed in any language prescribed by the EPC for filing. Note, however, that at least a mention that a European patent has been requested and information enabling the applicant to be identified or contacted must be provided in Portuguese, English, French or German.

Applications which are not filed in Portuguese must be followed within one month - unless a Portuguese priority is claimed - by a translation of the application including the drawings, even if these contain no text for translation.

Who can file European patent translations? 

Though it is not necessary to appoint a representative, if the applicant or proprietor is not resident or established in Portugal, the responsibility of the translations must be borne by an official industrial property agent (AOPI) or a by a representative accredited by the Industrial Property Office (INPI).  

Information on double patenting via national and European rights

Can I protect the same invention by simultaneous national and European patents?
No, there is an explicit provision in the law against double patenting via a European patent. A national patent, or utility model, for an invention for which a European patent valid in Portugal has been granted, shall be deemed void when the 9-month opposition time limit has expired with no opposition having been filed; or when the opposition is terminated and the European patent has been maintained. In the case of the national patent being granted after any of these dates, the national patent is deemed void. The collision only happens if the two rights have the same filing or priority date, and must be of the same inventor or with his consent.
Please note that the subsequent lapse or annulment of the European patent will not reinstate the forfeited national patent (Art. 88 CPI).