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EXAMINATION
Patent applications are examined by the Patent and Trademark Office. After the patent application publication in the Official Bulletin, oppositions may be filed by those who may consider that the granting of the patent will be prejudicial for them. In case no oppositions are filed the Institute prepares an exam report within one month. In the event there are oppositions this deadline is counted from the last procedural document filed in the process. If the Patent and Trademark Office concludes that the patent can be granted, the decision is published in the Bulletin. In case it considers that the patent may not be granted the applicant is notified of the exam report and of the remaining elements quoted in this report in order to reply within two months. APPEAL
The Patent and Trade Mark Office’s decisions of grant or refusal of a patent may be appealed before the Judicial Courts. The Lisbon Intellectual Property Court is usually the competent Court for appeal in patent matters. Patents can still be declared null, for instance when its object does not satisfy the requisites of novelty, inventive step and industrial application. In the course of judicial processes the applicant of the patent can make, through the modification of the claims, a limitation of the extent of protection of the invention
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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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