The protection of a new plant variety in Portugal is under the responsability of Direção-Geral de Alimentação e Veterinária of the Ministry of Agriculture. For more information click here.
Semiconductor topography
It is possible to obtain protection for semiconductor product topographies that:
- Result from the intellectual effort of their creators and that are not already known in the semiconductor industry;
- Consist of elements already known in the semiconductor industry, as long as the combination of these elements, as a whole, satisfies the conditions of the point above;
- Are solely topographies, divorced from any concept, process, system, technique or encoded information incorporated within them;
- Have been subject to commercial exploitation, anywhere, for less than two years, or have not been exploited for more than 15 years counting from the date when they were first drawn or codified.
How to apply:
In order to apply for registration, you need:
- An explanation of what characterizes the topography and makes it new;
- A description of the topography;
- Drawings;
- A summary;
- A picture for publication;
- Payment of the application fees.
An application to register a semiconductor product topography is governed by the same rules as those for patents, with the necessary adaptations.
To submit the application for a Semiconductor Topography go to www.inpi.pt and click on the INPI Online menu [Patents – Filing – Patent Application – Semiconductor Topography].
Cost:
Application Fee (includes publication, examination and the first four annuities): 104,50 EUR if the application is made online; 209,00 EUR for paper applications.
Renewals:
The registration is valid for a period of 10 years, counting from the date of the application, or from the date when the topography was first exploited, anywhere, if this is earlier.
To keep your registration valid you must pay the following annuities:
- From the 1st to the 4th annuity: included in the application fee.
- From the 5th to the 10th annuity: 20,90 EUR for each year, if the renewal is made online; 31,35 for each year, for paper renewals.
For further information please visit www.inpi.pt , menu Patents – Topography.
Supplementary Protection Certificate
A Supplementary Protection Certificate (SPC) is an Industrial Property right that extends the protection granted by a patent for a maximum period of 5 years. This can apply to a product, medicinal or plant protection, as long as the product is protected by the original patent. Patentees that file an SPC application for a medicinal product that has been subject to pediatric studies can request an extension of the supplementary protection certificate that allows expanding the SPC protection for an extra 6 months.
How to file:
In order to file an application for a supplementary protection certificate for medicinal and plant protection products, you need:
- The number and title of the original patent, as well as the number and date of the first authorization to place the product on the market in Portugal;
- A summary of the characteristics of the product;
- A copy of the first authorization to place the product on the market in Portugal. This should enable the product to be identified, and must include the number and date of the authorization;
- If the authorization to place the product on the market in Portugal is not the first for the countries comprising the European Economic Area, in the products capacity as a medicinal or plant protection product, the number, date and country of the first MIA should be indicated;
- A copy of the first authorization for market introduction in the European Economic Area, in the products capacity as a medicinal or plant protection product, or a copy of its publication in the relevant Official Bulletin. This should include the number and date of the authorization (where applicable);
- Payment of the application and examination fees.
For further information please visit www.inpi.pt menu Patents – SPC.
To submit the application for a SPC go to www.inpi.pt and click on the INPI Online menu [Patents – Filing – Patent Application – SPC].
Cost:
Application Fee (includes publication and examination): 209,00 EUR if the application is made online; 418,00 EUR for paper applications.
Renewals:
Annuities are due during the validity period of the certificate, and can be paid online at www.inpi.pt , menu INPI Online (Patents – Filing – Renewal).
The first annuity is payable during the final six months of the original patent grant. If the duration of the SPC is equal to or shorter than 6 months, no annuity is payable. For SPCs longer than 6 months, annuities are payable according to their duration and the rules described for inventions apply.
| Renewal fees (Annuities) | Amount in Euros |
| 1st | 731,49 |
| 2nd | 783,74 |
| 3rd | 835,99 |
| 4th | 888,25 |
| 5th | 940,50 |
| 6-month extension of validity for a supplementary protection certificate for pediatric medicines | 679,24 |