I. Requirements for Portugal after EP grant
I.1 Translation requirements
A translation of the patent specification into Portuguese must be supplied under the conditions provided for in Art. 65(1) EPC.
I.2 Professional representative
However, under Article 83 of the Portuguese Industrial Property Code, “If an applicant for or holder of a European patent does not have a domicile or registered office in Portugal, the translations must be performed under the responsibility of an official industrial property agent or a representative accredited by the National Industrial Property Institute.”
Patent proprietors with neither residence nor principal place of business in Portugal may request validation from the Portuguese Industrial Property Institute without appointing a professional representative. The translation must however be certified by a professional representative accredited by the National Industrial Property Institute.
I.3 Period for filing the translation
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 to payment of an additional fee.
I.4 Office fee
National validation fee
– EUR 58.97 if filed online,
– EUR 117.94 if filed on paper
If the translation is filed within one month after the 3-month period, a surcharge calculated with reference to the national filing fee is payable:
+50% of the online fee
+50% of the paper fee
II. Double-patenting allowed?
Territory of Portugal