Contracting state

Portugal

1

Contracting state to the London Agree­ment on the application of Art. 65 EPC?

 

No

2

Translation 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

3

Must 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.


Art. 10 PA

4

Period 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 53.87 if filed online,

- EUR 107.73 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
Fees Res.

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

7

Manner 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


Art. 84(1), 85(1) PA

8

Correction of translation

(a) permitted?

(b) Special fee payable?

 

(a) Yes

(b) EUR 26.94 if filed online,

EUR 53.87 if filed on paper


Art. 87(1) PA
Fees Res.

9

Special 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 drawings, even where there is no textual matter.


Art. 81(2), 83 PA

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