– Decree No. 47/2015 of December 31, 2015, in force since March 31, 2016.
Membership in International Conventions
– WTO’s TRIPS Agreement, since August 26, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), in force since December 23, 1996.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 9, 1998.
Definition: an invention that gives an object or part of an object a shape, structure, mechanism or layout which functionally increases its utility or improves the conditions of its manufacturing.
Application of provisions relating to patents: the provisions related to the patents of inventions are applicable, subject to the necessary adaptations to utility models.
Procedure: the proceedings related to the patent applications should be applied with the necessary adaptations to utility models.
Opposition to application filed: within thirty days from the date of publication of the application in the Bulletin, any person considering himself prejudiced by the grant of the patent is entitled to file an opposition against payment of a fee. This term may be extended for another period of sixty days. The lack of response by the applicant to the opposition is deemed as a withdrawal of the application.
Duration: fifteen years from the date of filing, which cannot be extended.
Rights conferred by registration: the articles relating to patents are applicable with the necessary adaptations.
Conversion: before granting an application for the protection of a utility model, the applicant may once convert the application into a patent application. In this case, the applicant benefits from the date of filing of the initial application against payment of the corresponding fee.
Publication: the application can only be published six months after the filing of the application or after the priority date, unless a request is made for an advanced publication.