National Law relating to EPC, II. Filing of European patent applications, Portugal
II. Filing of European patent applications
| Contracting state | Portugal |
|---|---|
1Applicant can choose between EPO and national authorities (subject to section 2) |
Yes Art. 78(1) PA |
2Applications which must be filed with national authorities |
Applicants having their residence or principal place of business in Portugal must file any European patent application with INPI unless claiming the priority of an earlier Portuguese application. Art. 78(2) PA |
3Languages in which European patent applications must or may be filed with national authorities |
All the languages pursuant to Art. 14(2) EPC. Art. 79(1) PA |
4Official language(s) |
Portuguese |
5Special features |
Applications can be filed on paper or electronically through the INPI electronic filing tool. Applications may also be filed by facsimile,* provided the paper copy is received at the INPI within 5 working days of the date on which the transmission by facsimile was effected. When filing the application, a transmittal fee of EUR 11.80 is payable if the application is filed electronically. If the application is filed on paper, the transmittal fee is EUR 23.60. European patent applications which are not filed in Portuguese must be followed within one month – unless the priority of an earlier Portuguese national filing is claimed – by a translation into Portuguese of the description, claims and abstract, and by a copy of the drawings even if these contain no text for translation. Fees Res. |
* See decision of the President of the EPO: OJ EPO 2019, A18.