WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation Treaty (PCT): NO.
Patent Law in force:
Patent Law 1630/2000 modified by Law 2593/2005, regulated by Decree Law 14201, modified by Decree Law 8069.
Types of protection available:
Patent of Invention; Utility Model
Formal filing requirements:
- PoA, duly notarized within 60 working-days from filing. No possible extension of term.
- Assignment document, merely signed (NO legalization) to be filed with application. If document has not been filed at the time the Patent Office issues the formal examination, applicant is granted a 60 working day period as from the official notification to file the document. Assignment document of priority is accepted, certified copy issued by patent office of country or origin.
- Certified copy of priority application within 3 months from filing. The translation of the priority application must signed by a sworn registered local translator and must be filed within 3 months from filing.
- Sequence listings must be filed in WIPO Standard ST.26 format.
Filing of the patent application in a foreign language:
Not possible.
Substantive examination must be requested by the applicant:
YES, within 3 years from filing date.
Search report must be requested by the applicant:
NO
Observations by third parties:
YES, before requesting of technical examination.
Opposition:
YES, before requesting of technical examination.
Average time from filing to grant:
7 years
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
10 years from filing date.
Differences between utility model and patent:
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses; lower threshold for inventive step.
Maintenance:
Yearly, as from 3rd year of filing (year of filing is considered 1st year) also during prosecution of the application until expiration of patent.
Compulsory licensing:
YES
Link to Patent Office: