• Design fees

Fees associated with filing an industrial design application in Portugal as well as other design fees are available in the fee calculator.

• Multiple design application

A design application may include up to 100 products, provided that they belong to the same class of the Locarno Classification.

• Filing requirements of a design application in Portugal

The official language for proceedings before the Portuguese Industrial Property Office (INPI) is Portuguese.

To obtain design registration in Portugal, it is necessary to provide the INPI with:
- applicant’s name, address and nationality of the applicant(s) and designer(s);
- classes according to the Locarno Classification;
- representation of the design;
- application number, date and country of priority (if any).

Usually, the Portuguese National Industrial Property Office (INPI) does not require the submission of the Priority Document. However, under special circumstances, a certified copy of the priority document as well as its translation into Portuguese may be requested by the Office.

A Power of Attorney is not required if the application is filed by a registered Portuguese patent attorney.

• Examination of a design application in Portugal

A design application in Portugal undergoes formal examination only. The patent office performs a substantive examination as to compliance with the requirements of novelty and distinctive character only in the case of an opposition filed by a third party.

• Novelty grace period

The novelty grace period for design applications in Portugal is 12 months from the date of disclosure by the designer.

• Grant, validity term and design renewal fees

There is the official grant fee for design in Portugal; the amount of the fee depends on the type of certificate – paper or electronic. Renewal fees are due every five years from the filing date up to the end of the design validity term of 25 years. Renewal fees can be paid six months in advance before the anniversary of the filing date. Late payment is possible within 6 months after the expiration of the initial term.

• Duration of registration procedure

Average time from filing of an industrial design application up to registration is 5-6 months.

• Representation by a patent attorney

For foreign applicants, it is recommended to appoint a registered Portuguese Industrial Property Attorney for proceedings before the Portuguese INPI.

• Notes

1. Online Search databases: Portuguese Industrial Designs, Community Designs (EUIPO).
2. Design protection in Portugal may also be obtained via registration of a Community Design.

Brief summary is based on the information provided by ACOPAT on 09.02.2024
Please contact us if the above information is not in conformity with Portuguese IP Laws.