FAQ - Frequently Asked Questions | MarquesMarcas
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FAQ

Patents

How do I know if I invented or created something?

You will find the concepts of invention, creation and work in the Industrial Property Code; at the Code of Copyright and Related Rights. Decree-Law No 252/94 on computer programs is also relevant.

In particular, is an invention a new solution to a specific technical problem?

They are not inventions:
• discoveries, scientific theories and mathematical methods;
• aesthetic creations;
• the projects, principles and methods of carrying out intellectual activities in the field of gambling or in the field of economic activities;
• computer programs, as such, without any technical application;
• the presentations of information.

How should I manage the publication of an article and the communication of an invention?

According to the provisions of the Industrial Property Code, as soon as an invention is made public, it belongs to the state of the art and can no longer be protected in the form of a patent or utility model. All research institutions are faced with the challenge of managing scientific publications and the protection of intellectual property rights as a commercial potential.

What is the difference between intellectual property, copyright and industrial property?

Intellectual property covers industrial property and copyright and related rights, branches which are regulated by different legislation.

What is the difference between holder and inventor, creator or author?

The holder is the person (singular or collective) who holds the right of ownership over the invention, creation or work. This right may be associated with other persons as inventors, creators or authors.

What is the difference between selling or licensing a patent?

Conceptually, the same difference between selling or leasing a property.
Specifically, the sale (transfer) of the right over a patent presupposes the assignment of ownership. In licensing, the original holder maintains its position as such, allowing the licensee to use the patent right for a certain period of time and under certain conditions.

What is an interim patent application?

An interim patent application (PPP) is a way for an applicant to guarantee a priority date for an invention without having to comply with all the requirements of a definitive patent application. The applicant has one year to carry out the conversion of the PPP to the definitive application, which should not add technical matter.

Is it possible to protect a computer program as a patent?

This is a very discussed issue with different answers in different countries.
Some countries, such as the US, have laws that allow patenting certain types of computer programs.
In Europe it is not possible to protect computer programs as patents, and there is the concept of an invention implemented by computer.
On the other hand, computer programs may be registered in Portugal with the PORTUGUESE SOFTWARE ASSOCIATION, as copyright and marketed through use licenses.

How do you file a patent application?

The preparation of a patent application is a complex process and is very relevant for the protection and commercialization of technologies.

Where to ask for collaboration?

As the Official Agents of Industrial Property, we are at your disposal.

Trademarks

What procedures should be adopted to request an application for trademark registration?

Initially, a search must be carried out in the Official database to verify if the desired mark is already requested or registered. If it is viable, it is requested to register with the Official Body (INPI) directly or through an Official Agent of Industrial Property.

What is the nature of a brand?

The trademark, as to its nature, may be intended to protect products or services, collective or certification.

Brand of Products or Services is that used to distinguish products or services from others identical, similar or similar, of different origin.

The Collective Trademark is the one designed to identify and distinguish in the market products or services from members of a legal entity representative of a collectivity, other similar products or services, similar or similar, of diverse origin.

The Certification Mark is that used to attest to the conformity of a product or service with certain standards, standards or technical specifications, as to their quality, nature, material used and methodology employed.

What is the form of filing a Trademark Application?

The mark, as to its form of presentation, can be nominative, figurative, mixed or three-dimensional.

Nominative trademark is the sign consisting of one or more words.

Figurative trademark is that constituted by drawing, figure or any stylized form of letter and number, in isolation.

Mixed trademark shall consist of a combination of word and figurative elements or word elements, the wording of which shall be in a stylized form.

Three-dimensional trademark is that formed by the plastic form of product or packaging, the shape of which has distinctive capacity in itself and is dissociated from any technical effect.

Can an individual apply for registration of a trademark?

The individual may apply for registration of a trademark.

What is the validity of a trademark registration?

The Trademark Registration is effective for a period of ten (10) years, counted from the date of the Concession of the Registry, extendable for equal and successive periods.

What is the territory of registration of a National Brand?

The protection conferred by the INPI does not transcend the territorial limits of the Country and only in this physical space is recognized the right of ownership and exclusivity of use of a registered trademark.

How to register a Trademark Abroad?

For the protection of a trademark in other countries there are three possibilities:

– Request for direct registration in each intended country;

– Application for the registration of a Community trade mark (includes all the countries of the European Union); or

– International Trademark Registration Application (includes all member countries of the Madrid Agreement / Protocol.

Questions about Industrial Designs

O que é um Desenho Industrial? What is an Industrial Design

Industrial Design is the plastic and ornamental form of an object or the ornamental set of lines and colors that can be applied to a product, providing a new and original visual result in its external configuration and that can serve as an industrial manufacturing type.

What is the duration of an Industrial Design

The Industrial Design Registry may be in force for a maximum period of 25 years from the date of filing, with a minimum duration of 10 years, renewable for a further 3 successive periods of 5 years each.