New Portuguese Industrial Property Code - Practical Guide

Author:Ms Inês D. Tavares
Profession:Inventa International

The new Portuguese Industrial Property Code was published on December 10th last year. After six months have passed we reiterate some of the main changes.

Patents | Utility Models | Drawings or Models

Ownership of inventions carried out in the context of employment on universities and within a public or private entity belongs to that entity. However, such ownership may be transferred to the inventor. The inventor has the right to participate in the economic benefits of the invention although these do not have a salary nature. Searches in proceedings of Provisional Patent Applications must be carried out by the Office within ten (10) months. New matter and amendments relating to technical matters which go beyond the request must be disregarded, and the applicant must be notified in order to proceed with its adjustment. Provisions for the indirect patent infringement regime are included in the new legal frame. It is no longer necessary on the part of the applicant to challenge the titles or request for cancellation of infringing patents with an posterior application date - instead of a posterior priority date - so that it can oppose to all acts that constitute a violation of the patent. Utility model applications without substantive examination are eliminated. The substantive examination for provisional utility models becomes mandatory and must be promoted by INPI. Registrations of designs may be partially renewed. The declaration of nullity and cancellation of registered designs may be issued by the Office (INPI), provided that their invocation does not result from a counterclaim, since in this last case it will be ruled in the Intellectual Property Court. Trademarks

Marks no longer need to be represented graphically as long as it is possible to clearly and precisely determine their object of protection. Divisional applications and registrations are allowed. Trademark and logotype registration fees are, once again, due. Defendant can now claim, in the opposition, the lack of serious use of the mark. It is up to the opponent to prove serious use, or justified reasoning for the lack of use, otherwise the opposition will be dismissed. A new kind of opposition is created...

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