PCT NATIONAL PHASE ENTRY
Portugal

Portugal has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since July 7, 1884, and a Contracting Party to the Patent Cooperation Treaty (PCT) since November 24, 1992. Additionally, Portugal is a signatory of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedure and the Patent Law Treaty. As a member of the European Patent Organization (EPO), Portugal is also part of the "European patents with unitary effect" system, which launched on June 1, 2023, providing a unitary effect for European patents (EP) granted in 17 of the 27 EU member states.

The deadline for entering the Portuguese national phase of a PCT application is 30 months from the earliest priority date.

The official language for proceedings at the Portuguese Industrial Property Office (INPI) is Portuguese. A Portuguese translation must be filed within 30 months from the earliest priority.

The application can be filed up to one month after the 30-month deadline expires, provided the surcharge is paid.

• Power of Attorney: A Power of Attorney is not required if the PCT national phase application is submitted through a registered Portuguese patent attorney.

There is no general exemption from fees for filing patent applications in Portugal.

Patent applications in Portugal undergo both formal and substantive examination. The substantive examination is automatically initiated, and no separate request is required.

Renewal fees become due starting from the third year following the international filing date. The first two annual fees are included in the initial filing fee. From the third year, renewal fees must be paid annually on the anniversary of the international filing date. Fees can be paid up to six months after the due date. However, if payment is made during this six-month grace period, a surcharge of 50% will apply.

In Portugal, patents remain valid for up to 20 years from the application filing date. In Portugal, patent protection for medicines and plant protection products can be prolonged through Supplementary Protection Certificates (SPCs), with the possibility of further extensions under specific conditions, such as for pediatric medicines. An SPC can extend the patent term by up to a maximum of 5 years.

In the 2024 Global Innovation Index (GII), Portugal has soared to an impressive 31st place out of 133 economies, boasting a remarkable score of 43.70, and securing the 30th spot among 51 high-income economies. Within Europe, Portugal shines bright at 20th place among 39 economies. The country truly excels in Creative Outputs, where it ranks a stellar 20th, and in Human Capital and Research, where it takes an outstanding 21st position.

Portugal is known for its rich maritime history. The country is famous for its picturesque coastline, historic architecture, port wine, and traditional Fado music. Portuguese is the official language, and the country enjoys a Mediterranean climate, making it a popular tourist destination.