Portugal
Portugal

How to Renew a Patent in Portugal?


Renew a Portuguese patent validated through the European Patent Office (EPO):

If your patent is a European patent that was granted by the European Patent Office and then validated in Portugal, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Portugal, the renewal fee is paid to the Portuguese Institute of Industrial Property. The rules that apply to a national Portuguese patent also apply to an EP patent in Portugal. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.

If your European patent is granted earlier than usual, then you have to renew your Portuguese Patent in year 3 or year 4 (the renewal in those years are atypical to other jurisdictions). Like renewing patents in other countries, you need to go through the up to date procedures and processes in order to renew your patent. What is different is that there is no transaction involved, and thereby no official fee. But if it is not done correctly you can risk losing your right.

For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From the year 2023 onwards, you will have to settle the renewal fee with the Portuguese Patent Office.

Renew a national patent with the Portuguese Patent Office:

In order to maintain a patent application in Portugal, a renewal fee must be paid to the Portuguese Institute of Industrial Property on an annual basis. This applies even if your application is still being processed and patents have not yet been granted. The first and second annual payments are free of charge, however year 3 and 4 have special renewals in Portugal (see above). After year 4 you are obliged to pay a recurring renewal fee to the Portuguese Institute of Industrial Property to maintain the patent.

Renewal fees in Portugal are always due on the last day of the month, on which the original filing date of the application falls. The due date should be the month and day corresponding to the filing date.

For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee from 2019-06-15 onwards.

Renewal Fees by Intellectual Property Type

In Portugal, there are other types of intellectual property for which you need to settle renewal fees, these are known as utility models and designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.

Intellectual Property Type #1 - Utility Models

A Portuguese utility certificate can be obtained for a period of 10 years from the filing date. The total term of protection is 10 years. The first renewal fee is due exactly 3 years from the filing date of the application and is paid. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model, however, the fee is higher.

Intellectual Property Type #2 - Industrial Designs

A Portuguese design right is valid for 25 years from the filing date. Initially, a Portuguese design is protected for 5 years. In order to maintain protection beyond the initial 5-year period,  it can be renewed every five years thereafter, up to a maximum of four renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.

Written and edited by the PatentRenewal.com team
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Patent Renewal Fee Intervals in Portugal

Starting from the 2nd anniversary of the filing date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.

Patent Year Official renewal fee for patent (EUR)
1
2
3
4
5 53.13
6 79.67
7 106.24
8 159.37
9 318.72
10 371.85
11 371.85
12 424.96
13 478.08
14 531.21
15 584.31
16 584.31
17 690.56
18 690.56
19 743.68
20 743.68
Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640

Portugal Patent Renewal Fees FAQ

When is the first patent renewal fee due in Portugal?
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National patent: The first renewal fee of a patent application is due at the beginning of the third payment year from the filing date.‍

For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2019-06-30 onwards.

Portuguese patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Portugal, the renewal fee is paid to the Portuguese Institute of Industrial Property.

For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Portuguese Patent Office.

What happens to a Portuguese patent before it has been granted?
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National patent: Prior to the grant, the Portuguese patent application is in its filing stage. You will have to pay the renewal fee to the Portuguese patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the third anniversary of the filing date.

Portuguese patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Portugal, the renewal fee is thereafter paid to the Portuguese Institute of Industrial Property.

What are the due dates and payment windows?
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National patent: The payment window in Portugal opens six months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in Portugal. ‍

For example, if the renewal due date of a patent is 2017-07-30, you will only have to settle the renewal fee starting from 2019-01-30 onwards.

Can I renew a patent after I miss a renewal deadline?
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National patent: Yes, it is possible to renew a Portuguese patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 50% to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.

For example, if a patent’s renewal due is 2021-05-30, and the due date is missed, the patent will enter the grace period from 2021-06-01. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-30. Failure to pay this fee within the grace period, will result in the patent being lapsed.

Portuguese patent validated through the European Patent Office (EPO): The same rule that applies to a national Portuguese patent for missing a renewal deadline also applies to an EP patent in Portugal.

Do I need assistance from the local council?
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National patent: It is not mandatory to make use of a local agent or representative when renewing a patent in Portugal. You can simply pay the fees by bank transfer or via a deposit account. This rule is applicable to both national patents as well as to an EP patent in Portugal.

How long do patents last in Portugal?
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In order to maintain a Portuguese patent, renewal fees need to be settled annually with the Portuguese Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Portugal.

How can I contact the Portuguese Patent Office?

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You can get in touch with Portuguese Institute of Industrial Property via email or phone:

Email: servico.publico@inpi.pt

Phone: +351 21 881 81 00

For more information on the renewal process in Portugal, visit the link to their official website. You can search for Portuguese patents here.

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