Before you register a design, you should take some preliminary precautions:

1. You should find out what types of design cannot be protected (more information available at www.inpi.pt on the menu [Design – How to protect your design]);
2. You should investigate whether there already exist similar or identical industrial designs to the one you would like to protect. To this end, you can research existing registrations in the databases that are available, for free, through www.inpi.pt on the menu [INPI Online – Design – Search];
3. It is also important to take into account whether the design you would like to register has already been disclosed to the public in some way. If your design has already been disclosed to the public, this disclosure will invalidate an application for registration in Portugal, unless it occurred during the 12-month period preceding the date the application was filed (grace period). If this period is exceeded, the design does not qualify for registration, as it can no longer be considered new.

To submit an application for a design registration, the applicant must present the following to INPI, in Portuguese:

1. graphical representation or photograph of the industrial design;
2. picture (1 main image per product), for publication in the IP Bulletin (max. 100 products per application);
3. optionally a description of the industrial design with a maximum of 50 words per product;
4. payment of the application fees.

In order to take advantage of a disclosure that occurred before an application is filed, it must be mentioned on the application, including details of the date and place that it happened. These should be confirmed by the attachment of a document that certifies the disclosure. If you still do not have such a document, you have a period of 1 months to add it to your application.

In case of not being established in Portugal you can still act directly to INPIs services by indicating an address in Portugal, an e-mail address or a fax number in order to receive notifications.
In case of legal representation by an attorney or solicitor you have to enclose a formal document proving the situation.

Go to INPI’s website at www.inpi.pt and click on the INPI Online menu [Design -– Filing].

At the time of application, the applicant can request that the publication be anticipated, or postponed up to a limit of 30 months after the application date.

Once an application is filed, within a month, it is submitted to a formal examination and to an examination concerning the limitations of the product and then published online in the Industrial Property Bulletin.

Following the publication of the application there begins a two-month opposition phase during which anyone who feels they may suffer loss as a result of the award can file a complaint.

If a complaint has been filed the application is submitted to an examination is made regardind the grounds for refusal presented in the complaint.

INPI performs a design examination evaluating the requisits of novelty and distinctive charcter (originality) only in case of a third partie opposition.

The conclusion of this process is the notification of grant, refusal, or partial grant, issued accordingly. The registration is valid for 5 years, counting from the date of the application, and can be renewed for further periods of 5 years each up to a maximum of 25 years.

Decisions issued by INPI are subject to appeal through the Intellectual Property Court, during a period of two months following the publication of the notification in the Industrial Property Bulletin. The Court of Arbitration which works in conjunction with the Arbitration Centre, ARBITRARE, is able to appraise the appeals from INPI’s decisions that are submitted within a two-month deadline, represents an alternative to the law court. For more information about how the Court of Arbitration works and the advantages it offers, visit www.arbitrare.pt.