Utility Models and Industrial Designs and Models
Legal Basis
– The Industrial Property Code, enacted by Decree-Legislative No. 4/2007 of August 20, 2007.
– Decree No. 22/2007 of August 27, 2007.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), in force since July 7, 1997.
– WTO’s TRIPS Agreement, since July 23, 2008.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 13, 2010.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 6, 2022.
– ARIPO, Harare Protocol on Patents and Industrial Designs, since October 14, 2022.
Protection
(A) UTILITY MODELS
Definition: a utility model is a model of a tool or any part thereof that by a new form, disposition or mechanism enhances or improves the utility of those objects.
Examination: not compulsory.
Duration: ten years.
Filing requirements for an application (to be sent to resident agent):
1. Name, nationality, profession and domicile of the owner of the invention;
2. The title that sums up the invention;
3. The country and date of a prior invention, if priority is claimed;
4. A description in Portuguese or accompanied by an official translation;
5. An abstract;
6. Drawings (2 copies);
7. Power of attorney.
(B) DESIGNS AND MODELS
Definition: the design or model designates the whole or partial appearance of a product ensuing from the features of, namely, lines, outlines, colors, shape, texture or material of the product itself and of its decoration.
Novelty: worldwide novelty is required.
Examination: formal and substantive examination.
Duration: twenty-five years.
Filing requirements for an application (to be sent to resident agent):
1. Name, address, nationality of the applicant(s);
2. Name, address, nationality of the inventor(s);
3. Brief description of the elements appearing in the depictions of the design or model or of the displayed sample, making no reference to a possible novelty, the individual character or technical value of the design or model;
4. Designs, photographs or other suitable graphical representations;
5. Photolitho;
6. Power of attorney;
7. Priority document (if priority is claimed) duly translated;
8. Deed of assignment if the owner is the inventor and in case it is necessary to file an application on behalf of a company.