Utility Models

– Same as for “Patents of Invention“.

Membership in International Conventions

– Same as for “Patents of Invention“.

Filing

Applicant: as for “patent” applications. 

Applicants not living in the country: as for “patent” applications. 

Types and definitions of utility models: new inventions implying an inventive step capable of industrial application.

Novelty: as for “Patents“.

Priorities: as for “Patents“.

Territory covered: as for “Patents“. 

Exceptions to protection: as for “Patents“. Further, the following cannot be the object of a utility model (a) inventions whose commercial exploitation is against the law or contrary to public policy, public health or morality and their exploitation may not be considered as such due to the simple fact that it is forbidden by law or regulations; (b) inventions involving biological material; (c) inventions involving chemical or pharmaceutical substances or processes; (d) inventions involving food products or processes for preparing, obtaining or manufacturing said products.

Filing requirements: as for “Patents“.

Note: the same invention may be object, simultaneous or successively, of a patent application and a utility model application, and the latter lapses after grant of the patent concerning the same invention. The successive filing of applications is only allowed within the one-year period starting from the filing date of the first application.

Examination

The prosecution is the same as for “Patents” as regards amendments, alterations or corrections of applications, as well as opposition. 

Examination: from July 1, 2019, with the entry into force of the new IP Code, the substantive examination is mandatory and the examination proceedings are the same as for “Patents”.

Grant requirements: an invention shall be considered new if it does not form part of the state of the art. An invention shall be considered as involving an inventive step, if it meets one of the following requirements: (a) it is not obvious to a person skilled in the art; (b) it offers a practical or technical advantage for the manufacture or use of the product or process in question. An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry or in agriculture.

Publication: before examination, as for “Patents“. The publication shall be made until six months from the date of the application, which may be anticipated by request of the applicant. The publication may likewise be postponed upon request of the applicant, for a period not exceeding eighteen months from the date of the application or from the priority. The full documentation of the application can be inspected at the Portuguese Institute of Industrial Property after the publication of the abstract.

Granting

Delivery of document: as for “Patents“.

Beginning, duration and extension of protection: six years from the filing date, renewable for two periods of two years.

Working: as for “Patents“.

Assignment: as for “Patents“. 

Licenses: as for “Patents“.

Compulsory licenses: as for “Patents“.

Modification of Protection after Registration

Same as for “Patents of Invention“.