Patents
1) The European Patent Convention definitions as to novelty, state of the art, inventive step and industrial application will apply.
2) The term of a patent will be 20 years from the filing date.
3) Biotechnological inventions can be protected and the patent application must be completed by depositing the biologically reproducible material at an authorized institution.
4) Provision is made for compensation to a patentee whose invention was used by another without authorization in the period between initial publication of the application (18 months after filing in Portugal or the priority date) and the actual grant of the patent.
5) An examination report will be issued within 6 months after publication and will set a 2-month term for response.
6) There will be a 3-month term in which to oppose a granted patent.
7) In infringement actions relating to patents for processes for the production of new products, the burden of proof is reversed so that the alleged infringer will have to show that the patented process was not used.
8) The law provides for compulsory licenses which may be granted in the following cases:
9) Limitations on the rights conferred by patents; these may not be used to prevent:
2) The term of a patent will be 20 years from the filing date.
3) Biotechnological inventions can be protected and the patent application must be completed by depositing the biologically reproducible material at an authorized institution.
4) Provision is made for compensation to a patentee whose invention was used by another without authorization in the period between initial publication of the application (18 months after filing in Portugal or the priority date) and the actual grant of the patent.
5) An examination report will be issued within 6 months after publication and will set a 2-month term for response.
6) There will be a 3-month term in which to oppose a granted patent.
7) In infringement actions relating to patents for processes for the production of new products, the burden of proof is reversed so that the alleged infringer will have to show that the patented process was not used.
8) The law provides for compulsory licenses which may be granted in the following cases:
a) Non-working or insufficient working of the patented invention (the invention must be worked within the European Union);
b) Need to export;
c) Dependency between patents; and
d) Reasons of public interest.
b) Need to export;
c) Dependency between patents; and
d) Reasons of public interest.
9) Limitations on the rights conferred by patents; these may not be used to prevent:
a) Private use without commercial purpose;
b) Preparation of medicaments made instantly and in individual cases in pharmacy laboratories;
c) Acts carried out exclusively for testing or experimental purposes;
d) Use on board ships and air or land transport vehicles;
e) Anyone who, before the date of the application, learned of the invention through his or her own means or made preparations for this purpose; and
f) Acts in respect of the products protected by the patent after such products have been launched in the European Union by the patentee.
b) Preparation of medicaments made instantly and in individual cases in pharmacy laboratories;
c) Acts carried out exclusively for testing or experimental purposes;
d) Use on board ships and air or land transport vehicles;
e) Anyone who, before the date of the application, learned of the invention through his or her own means or made preparations for this purpose; and
f) Acts in respect of the products protected by the patent after such products have been launched in the European Union by the patentee.
Utility Models
The term of protection will be 15 years from filing; currently there is no limit.Industrial Models and Designs
The term of protection will be 25 years from filing; currently there is no limit.For utility models and designs that have already been registered, the new term will start from the first annual renewal made after June 1, 1995.
Trademarks
1) The term within which to oppose published trademark applications, and to reply to such oppositions, will be shortened from an extendible 90-day period to a non-extendible period of 2 months.
2) Three-dimensional marks and sound marks that can be graphically represented may be registered.
3) A single application may be filed in respect of multiple classes of goods and/or services.
4) A decision by the Industrial Property Office to reject or grant an application must be issued within a period not exceeding 18 months from the date of application.
5 Consents will be accepted to overcome citations of confusingly similar marks.
6) Marks may be assigned independently from the underlying establishment which they identify.
7) The declaration of use or of intention to use which is due every 5 years during the life of a trademark registration may be filed within 6 months following the expiration of the due date therefor.
8) The term within which a trademark registration may be canceled on the grounds of prior rights or lack of inherent registrability is extended from 5 years from the date of grant to 10 years from the date of grant.
9) The period of non-use which renders a trademark registration vulnerable to attack will be increased from 3 years to 5 years from the date of grant.
10) Registrations covering device marks and composite marks can be amended.
2) Three-dimensional marks and sound marks that can be graphically represented may be registered.
3) A single application may be filed in respect of multiple classes of goods and/or services.
4) A decision by the Industrial Property Office to reject or grant an application must be issued within a period not exceeding 18 months from the date of application.
5 Consents will be accepted to overcome citations of confusingly similar marks.
6) Marks may be assigned independently from the underlying establishment which they identify.
7) The declaration of use or of intention to use which is due every 5 years during the life of a trademark registration may be filed within 6 months following the expiration of the due date therefor.
8) The term within which a trademark registration may be canceled on the grounds of prior rights or lack of inherent registrability is extended from 5 years from the date of grant to 10 years from the date of grant.
9) The period of non-use which renders a trademark registration vulnerable to attack will be increased from 3 years to 5 years from the date of grant.
10) Registrations covering device marks and composite marks can be amended.
Penalties for Infringement
1) Penalties for offenses against industrial property will be increased in certain cases, including maximum prison sentences of up to 3 years and maximum fines of up to 6 million escudos.
2) Ex parte preliminary injunctions will only be available under exceptional circumstances, whereas currently the granting of such injunctions are within the discretion of the court.
2) Ex parte preliminary injunctions will only be available under exceptional circumstances, whereas currently the granting of such injunctions are within the discretion of the court.
April 1995 Index