Patent

How to keep a patent

The validity of a patent is 20 years from the date of application. For this, it is necessary to ensure the fulfilment of some obligations.


To maintain a patent or a utility model, you must:
  • be vigilant, consult the Industrial Property Bulletin and denounce patent or utility model applications that may jeopardize your rights
  • pay the annuities.

Report the misuse, production and commercialisation

If there is agreement between the owner of the patent or utility model and the suspected infringer, they may choose to settle the matter at the ARBITRARE arbitration centre.

 

The patent is valid for 20 years

The rights of the holder of a patent end:

  • 20 years after the date of application for granting
  • if the annuities are not paid
  • if a court finds that the right granted is not valid
  • if you abstain from registration, contacting INPI

INPI - Public Helpdesk
Campo das Cebolas
1149-035 Lisboa

 

The utility model has a maximum validity of 10 years

The rights of the holder of a utility model end:

  • 10 years after the date of application for granting
  • if the annuities are not paid
  • if a court finds that the right granted is not valid
  • if you abstain from registration, contacting INPI

INPI - Public Helpdesk
Campo das Cebolas
1149-035 Lisboa

If you fail to pay an annual fee for your patent or utility model, you can settle the situation within a maximum of one year from the date of publication of a notice in the Industrial Property Bulletin. This notice indicates that the right has expired due to non-payment.

The Supplementary Protection Certificate extends the patent

Protection of plant protection goods and medicinal goods which have already been granted Marketing Authorization may be extended by up to 5 years beyond the normal validity of the patent (20 years).

The duration of the patent is increased by means of a Supplementary Protection Certificate. But for this certificate to remain valid, the holder needs to pay the annuities.

The first annuity shall be paid during the last six months of validity of the basic patent. If the duration of the SPC is less than or equal to 6 months, no annuity will be paid. If it is more than 6 months, the annuities will be paid according to the number of years of validity and according to the rules described for the modalities that protect the inventions.


You can transfer or assign rights over inventions

Once the patent or utility model has been granted, the patentee may transfer his rights to the inventions or issue exploitation licenses to allow others to use his patents or utility models.

Information updated on 01 October 2019 15:20