National Law relating to EPC, III.A Rights conferred by a European patent application, Portugal
III.A Rights conferred by a European patent application
| Contracting state | Portugal |
|---|---|
1Provisional protection under Art. 67 EPC |
Yes (Art. 67(1) EPC) Art. 80(1), 5(1), (2), (3) PA |
2Rights conferred |
Article 80 of the Portuguese Industrial Property Code reads as follows: "1 - After European patent applications have been published under the terms of the European Patent Convention, they shall enjoy provisional protection equivalent to that afforded to published national patent applications as of the date on which a Portuguese translation of the claims, accompanied by a copy of the drawings, is available to the public at the National Industrial Property Institute. 2 - The National Industrial Property Institute shall publish a notice in the Industrial Property Bulletin with the indications necessary to identify the European patent application. 3 - As of the date of publication of the notice referred to in the previous paragraph, anyone may have access to the translated text and obtain copies thereof." Art. 80(1), (2), (3) PA |
3Translation of the claims necessary pursuant to Art. 67(3) EPC? |
Yes Art. 80(1) PA |
4When does the right referred to in section 1 arise if a translation pursuant to Art. 67(3) EPC is necessary? |
When the translation of the claims and a copy of the drawings is made available to the public in accordance with table III.B, section 5, or communicated to the user Art. 80(1), (2), 5(1), (2) PA |