National Law relating to EPC, III.B Translations for obtaining provisional protection, Portugal
III.B Translations for obtaining provisional protection
| Contracting state | Portugal |
|---|---|
1Must a national professional representative be appointed? |
No However, under Article 83 of the Portuguese Industrial Property Code, "If an applicant for or holder of a European patent does not have a domicile or registered office in Portugal, the translations must be performed under the responsibility of an official industrial property agent or a representative accredited by the National Industrial Property Institute." Patent proprietors with neither residence nor principal place of business in Portugal may request validation from the Portuguese Industrial Property Institute without appointing a professional representative. The translation must however be "certified" by a professional representative accredited by the National Industrial Property Institute. Art. 10 PA |
2 (a) Special fee payable? (b) If so, when due? |
(a) Fee for provisional protection: – EUR 58.97 if filed online, – EUR 117.94 if filed on paper (b) Date on which translation is filed Mention of the filing of the translation is not published until the fee has been paid. Fees Res. |
3Language(s) in which the translation must be filed |
Portuguese Art. 80(1) PA |
4 (a) Must a form be used? (b) No. of copies to be filed |
(a) Yes, if filed on paper: INPI presentation form PatMut3 (b) 1 |
5Manner and form in which the translation is made available to the public |
Mention in the Industrial Property Bulletin Inspection in reading room Copies available Art. 80(2), (3) PA |
6Correction of translation (a) permitted? (b) Special fee payable? |
(a) Yes (b) EUR 29.48 if filed online, EUR 58.96 if filed on paper Art. 87(1) PA |
7Special features |
Applicants with neither residence nor principal place of business in Portugal must have the translation prepared by a professional representative before INPI. Art. 83 PA |