National Law relating to EPC, IV. Translation requirements after grant, Portugal
IV. Translation requirements after grant
| Contracting state | Portugal |
|---|---|
1Contracting state to the London Agreement on the application of Art. 65 EPC? |
No |
2Translation requirements |
A translation of the patent specification into Portuguese must be supplied under the conditions provided for in Art. 65(1) EPC. Art. 81(1) PA |
3Must a national professional representative be appointed? |
No However, under Article 83 of the Portuguese Industrial Property Code, "If an applicant for or holder of a European patent does not have a domicile or registered office in Portugal, the translations must be performed under the responsibility of an official industrial property agent or a representative accredited by the National Industrial Property Institute."Patent proprietors with neither residence nor principal place of business in Portugal may request validation from the Portuguese Industrial Property Institute without appointing a professional representative. The translation must however be certified by a professional representative accredited by the National Industrial Property Institute. However, under Article 83 of the Portuguese Industrial Property Code, "If an applicant for or holder of a European patent does not have a domicile or registered office in Portugal, the translations must be performed under the responsibility of an official industrial property agent or a representative accredited by the National Industrial Property Institute." Patent proprietors with neither residence nor principal place of business in Portugal may request validation from the Portuguese Industrial Property Institute without appointing a professional representative. The translation must however be certified by a professional representative accredited by the National Industrial Property Institute. Art. 10 PA |
4Period for filing the translation |
3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin, plus a one-month supplementary period subject to payment of an additional fee. Art. 82(1), (3) PA |
5 (a) Special fee payable? (b) If so, when due? |
(a) National validation fee – EUR 58.9761.51 if filed online, – EUR 117.94123.02 if filed on paper If the translation is filed within one month after the 3-month period, a surcharge calculated with reference to the national filing fee is payable: +50% of the online fee +50% of the paper fee (b) Within period pursuant to section 4 Mention of the filing of the translation is published only when the fee has been paid. Art. 82(2), (3), 84(2) PA |
6 (a) Must a form be used? (b) No. of copies to be filed |
(a) Yes, if filed on paper: INPI presentation form PatMut3 (b) 1 |
7Manner and form in which the translation is made available to the public |
Mention of the filing of the translation in the Industrial Property Bulletin Entry in the patent register Inspection in reading room Copies available Inspection in reading roomCopies available Art. 84(1), 85(1) PA |
8Correction of translation (a) permitted? (b) Special fee payable? |
(a) Yes (b) EUR 29.4830.75 if filed online, EUR 58.9661.50 if filed on paper Art. 87(1) PA |
9Special features |
Patent proprietors with neither residence nor principal place of business in Portugal must have the translation prepared by a professional representative before INPI (see section 3). The translation must be accompanied by a copy of the drawingsThe translation must be accompanied by a copy of the drawings, even where there is no textual matter., even where there is no textual matter. Art. 81(2), 83 PA |