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LICENSES AND ASSIGNMENTS
The license and assignment agreements are not subject to compulsory legal registration before to the Patent and Trademark Office.
Nevertheless, we recommend our clients to do so. In this particular the Industrial Property Code establishes that such acts can only produce effects towards third parties after the date of the respective legal registration.
The license or assignment agreements are subject to a written form and may have a gratuitous or onerous character.
Some times the parties make complex agreements with an extensive number of clauses, involving matters they do not whish to reveal. In such cases we advise our clients to elaborate an abbreviated agreement just for the purpose of legal registration of the agreement before the Patent and Trademark Office.
Acts involving cession or transmission of industrial property rights must be put down in a written document.
It is foreseen the possibility of issuing compulsory exploitation licenses, but in practice, that has never happened. Cases in which these licenses can be issued are the lack or insufficiency of exploitation of the patented invention, interdependence between patents and the existence of public interest reasons.
In any case the patent holder is required to explore the patented invention, either directly or through any authorized person.
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News
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Decree Order No. 479/2010 of 12 July 2010 |
Decree Order No. 479/2010, adopting the second amendment to the Decree Order No. 1098/2008 of 30 September and implementing a revision to the fees list of the Portuguese Institute of Industrial Property (hereinafter referred to as “PTO”) was enacted on the past 13 July 2010.
The referred Decree Order proceeded to a generalized increase on the value of the official fees, in particular for the most important acts, such as the fees for registration applications of trademarks, logotypes, rewards, designations of origin and national geographical indications, patent applications fees and fees for registration of designs or models. These increases correspond to 10% of the value, independently of performing the acts on-line or in paper.
The most significant increases, however, were introduced regarding particular categories of acts. For example, fees for renewals of trademark’s registrations (in a single class) and logotypes increased 122%.
Furthermore, and regarding the fees for requesting a modification of the PTO decision, the increase reaches 200%.
Notwithstanding, Furtado, S.A. will only reflect the official fees increase in the prices charged in relation to renewals of registrations and requests regarding the modification of the PTO decision, without any change in our costs. |
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Industrial Property Code amendments |
Last October 1st 2008 new amendments to the Industrial Property Code came into force by the Decree-Law n.º 143/2008 published on 25th of July 2008. These amendments intend to reflect simplification and access measures to industrial property in result of the SIMPLEX Program for the area of the Ministry of Justice. |
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London Agreement on article 65th of the European Patent Conv |
On May the 1st 2008 the London Agreement came into force in what concerns article 65th of the European Patent Convention, having as an objective the reduction of the translation costs in the procedures of validation of European patents in the countries designated in the context of a European patent application.
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