1 Must a national professional representative be appointed?

Yes

Art. 10(2) PA

Art. 1, 2 Decr. Law

2 Period for filing the translation

3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin

Art. 76(1) PA

3 (a) Special fee payable? (b) If so, when due?

(a) Filing fee EUR 61.98 (if the priority of a Portuguese patent or utility model application has been claimed or if a translation of the claims has been filed with INPI for the purpose of provisional protection);

filing fee EUR 61,98 + national validation fee EUR 51.65 = EUR 113.63 (if no priority of a Portuguese patent or utility model application has been claimed or if no translation of the claims has been filed with INPI for the purpose of provisional protection)

(b) within period pursuant to column 2; mention of the filing of the translation is published only when the fee has been paid.

Art 76(2), 78(2) PA

Fees Order

4 Language(s) in which the translation must be filed

Portuguese

Art. 75 PA

5 Must a form be used?

Yes

INPI presentation form PAT/MOD-6

6 No. of copies to be filed

2

7 Are documents which meet the formal requirements pursuant to Rules 32 and 35(3)-(14) EPC accepted?

Yes

8 Manner and form in which the translation is made available to the public

Mention of the filing of the translation in the Industrial Property Bulletin

Entry in the patent register

Inspection in reading room

Copies available

Art. 78(1), 79(2) PA

9 Correction of translation permitted?

Yes

Art. 81(1) PA

10 Is provision made for a special fee for correction?

Yes (EUR 10.33)

Fees Order

11 Special features

Patent proprietors with neither residence nor principal place of business in Portugal must have the translation prepared by a professional representative before INPI.

The translation must be accompanied by a copy of the drawings, even where there is no textual matter.

Art. 77, 76(3) PA