Understanding Design Protection in Portugal: Maximizing the Value of Your Design Patents

Guide to Applying for Design Patents in Portugal

Portugal Design protection covers the visual appearance of a product, including its shape, lines, contours, colours, textures, or materials. The owner has the exclusive right to use the design and to prevent unauthorised use by third parties.

A design does not need to be entirely new; it is sufficient that it introduces a new feature or a novel arrangement of existing elements. Registered design rights last for five years from the filing date and may be renewed in five-year increments up to a maximum of 25 years. Once registered, the design is automatically protected by copyright from the date of creation.

Unregistered Community designs benefit from automatic protection in the EU for three years from their first public disclosure, allowing the owner to prevent unauthorised commercial use.

Authority:

• Portuguese Institute of Industrial Property (INPI), https://inpi.justica.gov.pt/

Required Documents: 

• the indication of products using the international industrial design classification
• priority details, if claimed (country, date, and number of the first filing)
• graphic or photographic representations of the design; and
• optionally, a brief description (up to 50 words per product) limited to elements shown in the representations.

Points: 

• Design images or photos can be submitted. Applicants must choose one format. Images or photos must not include any human elements or attachments, such as dimensions, arrows, descriptions, or explanations.
• Use a neutral background. High-quality images or easily perceivable sizes should represent the product. Shadows and reflections are allowed if they do not hinder understanding of the design.
• If the brief description's color requirements differ from the images, the design will be considered black and white, with no color protection.
• To protect only specific parts or features, use visual disclaimers like dashed lines. For elements like seams on clothing, use color shading, continuous line separation, or blurred images.
• Up to 7 views per product, showing different angles like front, bottom, top, left, right, rear, and perspective views.
• Exploded views must include disassembled parts showing assembly, combined with at least one view of the assembled product.
  Sectional views can illustrate features like contours, surfaces, shapes, or configurations, presented from different angles to complement other views. They must be of the same design or model.
• Image sequences (animated designs or models) can display an animation clearly over time. Useful for animated icons (design sequences) or animated graphical user interfaces (interface design).

Procedure & Process:

• Applicants can request delayed publication, from 1 to 30 months maximum. This must be requested before the design patent application is published.
• Before publication, applicants can propose amendments to replace the product or product description in the original design.
• A brief description is optional but must meet these standards if provided:
  • Must contain no more than 50 words per product.
  • Describe shape and features without mentioning dimensions, colors, or elements not represented in the images.
  • Must not specify the product's use or functionality.

Once registered, the design cannot be altered. Only non-essential changes such as resizing are allowed. Any material change to its essential features — such as different lines, shapes, or ornamentation — requires a new filing.

Grace Period for Novelty

• For designs in Portugal, if the design is disclosed by the designer, a 12-month grace period applies from the date of disclosure.
  The applicant must submit evidence either at the time of filing or within one month from the filing date. The evidence must indicate the date and place of the disclosure (e.g., in advertisements, websites, professional magazines, or social networks) and list the products incorporating or applying the design or model.

Grant and Renewal Fees

• No grant fee is charged; the cost depends on whether the certificate is issued in paper or electronic form.
• Renewal fees must be paid every 5 years, within a period starting 6 months before the filing date anniversary. If missed, renewal is still possible within a six-month grace period upon payment of a 50% surcharge. If this grace period is also missed, the design right will lapse and be published in the Industrial Property Bulletin. After publication, the right may still be restored within one year, provided third-party rights are not prejudiced, with a penalty equal to three times the renewal fee. INPI will send a renewal reminder to the design right holder.
  • Example: If the design application is filed on 1 August 2020, the renewal fee must be paid between 1 February 2025 and 1 August 2025. If not paid within this period, it may still be paid from 2 August 2025 to 1 February 2026, subject to a 50% surcharge.

Average grant time：

• 3–5 months.

Official Fee: