Portugal
Answer ... The main sources of patent law in Portugal are:
- laws (Portuguese and EU);
- international treaties; and
- case law.
The most recent major revision of the Industrial Property Code was approved by Decree-Law 110/2018, which entered into force on 1 July 2019. This new law incorporated EU Directive 2016/943 on the protection of know-how and trade secrets into Portuguese law.
The Industrial Property Code sets out, among other things:
- the requirements for obtaining a patent;
- the resulting rights accorded; and
- the remedies for patent infringement.
Portugal is a member of:
- the Paris Convention (since 1883);
- the World Intellectual Property Organization (since 1967);
- the European Union (since 1986); and
- the World Trade Organization (since 1995).
The following treaties are also applicable:
- the Strasbourg Agreement;
- the European Patent Convention;
- the Patent Cooperation Treaty;
- the International Union for the Protection of New Varieties of Plants Convention; and
- the Budapest Treaty.
However, the Patent Law Treaty and the London Agreement are not applicable in Portugal.
In March 2012, Portugal established a specialised IP Court. In addition, Portugal has signed the Agreement on a Unified Patent Court.
Portugal
Answer ... Anyone – whether a natural person or a legal entity (eg, a company, institute, university or association) – may apply for a patent in Portugal, alone or jointly with another, without any restrictions in terms of nationality or residence.