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Patent Application in Portugal
Portuguese law has two types of protection for inventions: patents and utility models. The term of protection is 10 and 20 years respectively from the relevant registration date. Both types of inventions are private rights in intellectual property as defined in the Portuguese Intellectual Property Code, alongside various designs or utility models, trademarks, names and company emblems, appellations of origin and geographical indications, logos and topological maps of semiconductor products.
What conditions should be met for obtaining a patent right
As long as it is novel and can be applied for industrial application, an invention patent can be applied for a specific product, even if it is composed of or contains biological materials or a process that can manufacture, process or utilize biological materials. Any invention, product or process in all fields of technology may be patented as long as the invention meets the conditions set out in the preceding paragraph.
New methods for obtaining already known products, substances or ingredients can also be patented.
Under intellectual property law, an invention can be considered new when it is not included in the prior art.
Individual parts of the human body, animal and plant species, diagnostic, therapeutic or surgical methods for human and animal treatment, and inventions contrary to morality, public order and public health are excluded from the scope of patentability. Discoveries, scientific theories, mathematical methods, aesthetic creations, mental activities, information displays, computer programs, business methods, and traditional knowledge are also not patentable inventions.
How to prepare a patent application
In Portugal, a patent application must be filed in Portuguese and in writing, stating the name, nationality, address of the patentee, name and county of the inventor, etc.
The patent application must also be accompanied by the following documents specified in Article 62 of the Intellectual Property Law: a description of the invention, design drawings necessary for a complete understanding of the description, and the inventor's resume).