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  • Subject area(s): Marketing
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  • Published on: 14th September 2019
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How to get a patent for an app:-

What is an invention?

It is a new solution to an existing technical problem.

Inventions are not considered:

 Discoveries, scientific theories and mathematical methods;

Nuclear materials and materials or substances already existing in nature;

Aesthetic creations;

Computer programs;

The projects, the principles and methods of intellectual activity exercise in the field of play or in the field of economic activities;

Presentations of information;

The methods for the surgical or therapeutic treatment of the human or animal body and diagnostic methods practiced on the human or animal body.

 They cannot be subject to registration:

 Inventions contrary to public order, public health or morality;

Plant varieties or animal breeds, as well as essentially biological processes for the production of plants or animals (except for microbiological processes and products resulting from such processes);

The inventions deprived of novelty;

The views without practical reality or not susceptible of industrial application.

What is a patent? What is a Utility Model?

 A patent and a utility model are titles granted by the State, which give the holder the right to exclude temporarily to other production, sale and commercial use of the protected invention in that State.

 What is the territorial limit of protection of an invention?

When submitting an application for protection for an invention in a given National Administration of industrial property, for example, the National Institute of Industrial Property (INPI), the corresponding right is assigned only to the territorial limits of the country, namely Portugal.

The territorial expansion can be achieved by extending the application for registration in other countries, also through the PTO, but using for such WIPO services (World Intellectual Property Organization) - the so-called PCT - or the EPO (European Patent Office).

 What is the validity of protection?

The titles of Patent Invention when granted, are valid, respectively, for 20 and up to a maximum of 10 years from the date of the request.


 Following the granting of the right, its maintenance is done through the payment of annual fees, up to the effective protection limit.

  What requirements are needed to obtain a patent?

The invention must be new, involve an inventive step and are susceptible of industrial application. It is new to the invention not known in the prior art; It implies inventive activity if, for a person skilled in the art, does not result in an evident manner from the prior art; and it is susceptible of industrial application if its subject matter can be manufactured or used in any industry or gender in agriculture.

They cannot be protected by "patent"

The inventions deprived of novelty;

 The conceptions without practice or reality incapable of industrial application;

 Inventions whose use is illegal (contrary to law, public order or morality);

 Plant varieties or animal breeds, May microbiological processes and products resulting from such processes, however, be patented.

In that distinguishes a patent title of the utility model?

Utility models aim to protect inventions by a more simplified administrative procedure and accelerated than that of patents. Are a way to obtain protection for inventions provided with novelty, inventive activity and industry application requirements these also in patent documents?

Basically, the big advantage to the applicant's utility model is to be able to pay the application fee to apply the model and postpone payment of the examination fee (which is usually more expensive because it refers to a more demanding intellectual act and costly for the administration), for when this is deemed necessary.

Thus, the protection of inventions by utility model, exempting the applicant from payment of the administrative act of the examination of the concession requirements, it is for this cheaper route than the alternative of protection of inventions by patent and therefore is a form of protection more accessible to anyone interested. It is however a weaker right. Inventions relating to biological matter or substances or chemical or pharmaceutical processes, are excluded from this protection mode.

Note that at any time of the life of unexamined utility model (called the title of provisional utility model) may be required to take not only the owner but also by any interested party. On the other hand, the examination becomes compulsory when the holder intends to bring legal action to defend the rights it confers.


Who is entitled to make a claim for protection?

Any individual or legal person, when resident in Portuguese territory, can make an application for protection in Portugal, directly or through an Official Industrial Property Agent (AOPI), an authorized attorney or a lawyer constituted.

 What is needed to apply for a patent or a utility model?

The same application cannot ask for more than a patent or utility model. On the other hand, a patent or utility model cannot cover more than one invention. However, a plurality of inventions so linked as to form a single general inventive concept, is considered a single invention.

To apply for a patent, you need:

Patent application form or utility model;

Claims of what is considered new and features the invention;

A description of the object of the invention;

Drawings necessary for the perfect understanding of the description;

Summary of the Invention;

Figure for publication;

Payment of application fees.

What are the rights conferred by the patent or utility model?

A patent or utility model confers on its holder the exclusive right to exploit the invention in any part of the territory, for which requested and obtained the title, and to prevent third parties without your consent, manufacture, supply, storage, marketing or use of a patent object product, or import or possession thereof for any of the purposes mentioned.

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