European Patent (EPO) Validation in Portugal

1. Terms for patent validation in Portugal

The period for filing the translation in 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.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

Applicants with neither residence nor principal place of business in Portugal must have the translation prepared by a professional representative before INPI.

2. Conditions for patent validation in Portugal

2.1 Translation – Portugal has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

• For provisional protection: it is required a translation of the complete patent specification, in Portuguese.
• After grant: a translation of the patent specification into Portuguese must be supplied. Due date is 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 t payment of an additional fee.

2.2 Payment of patent validation and national registration fees:

There is a special fee for provisional protection, if the priority of a Portuguese patent or utility model application has been claimed: filing fee 50 EUR if filed online, 100 EUR if filed on paper Provisional protection, if no priority of a Portuguese patent or utility model application has been claimed: filing fee EUR 20 + provisional protection fee EUR 50 = EUR 70 if filed online or filing fee;  EUR 20 + provisional protection fee EUR 100 = EUR 120 if filed on paper.

The due date for the payment is the date on which translation is filed. Mention of the filing of the translation is not published until the fee has been paid.

3. Effect of the European patent as a national Portuguese patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Portugal

• Due date: anniversary of date of filing.
• Earliest possible date for payment: payment may not be made more than 6 months before due date.
• Period of grace for payment of fees (with surcharge): 6 months from due date.

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Portugal.