Design

How to keep a design

The registration of a design can last up to 25 years. For this, it is necessary to ensure the fulfilment of some obligations.


While the design registration is in force, you should:
  • be vigilant, consult the Industrial Property Bulletin and denounce design applications that may jeopardize your rights
  • pay renewal fees every 5 years
  • submit application for renewal of registration.

Report design applications that can jeopardize your rights

Every working day we publish in the Industrial Property Bulletin the applications for registration of a design that we have received. Whenever any of those applications may compromise a design which has been registered, you should present an opposition.

The opposition must be submitted to INPI within 2 months of the publication of the application for registration of a design in the Industrial Property Bulletin.

If you suspect that your design is being used without consent, please file a complaint

INPI - National Institute of Industrial Property cannot handle these types of complaints or forward them. Complaints can be filed:

If there is an agreement between the owner of the design and the suspected infringer, they may choose to settle the matter at the ARBITRARE arbitration centre.

 

Ensure renewal of registration every 5 years

Every five years you must pay the fees and fill a renewal application. You can apply for renewal and payment of fees:

INPI - Public Help Desk
Campo das Cebolas
1149-035 Lisboa

You can request renewal of registration in the last 6 months of each 5-year period. If you let the registration expire, you have another 6 months to renew, but you will have to pay an additional fee. This payment can also be made online.


Registration expires after 25 years

The rights of the holder to a design end:

  • 25 years from the date of application for registration
  • if you do not renew registrations every 5 years
  • if a court declares the application for registration null or void
  • if you abstain from registration, contacting INPI

INPI - Public Help Desk
Campo das Cebolas
1149-035 Lisboa

 

You may transfer or grant rights to the designs you have registered

Once you have registered a design, you can transfer your rights of the designs through a contract or the issue of a license of exploitation.


A registered design cannot be changed

Once registered, a design cannot be changed, nor by the owner himself. At most, it can be scaled up or down.

In order to register changes to the essential characteristics (which are new and unique) of a design, a new design must be registered. This new registration may be valid for a maximum of 25 years.

If the changes are introduced by the holder of the registration and are of minor detail (eg do not affect the novelty and the singular character of the previous product), they may be re-registered. However, the validity of this record shall be the same as that of the initial registration. For example, if the new registration changes a design registered 15 years ago, it can last for a further 10 years.

Information updated on 20 December 2018 18:20