Patents

What rights are conferred

The grant of a patent or utility model confers the following rights to its owner:

• The exclusive right to exploit the invention in any part of the country;

Attention! Rights to owning and exclusive using of an invention can only be obtained through a patent or utility model, not through simple use in the market.

• The option to prevent third parties from producing, manufacturing, selling or economically exploiting the protected product or process without the owner’s consent. It also prevents others from seeking protection for the same product or process, and employing or applying the same means or processes disclosed in the patent or utility model that has been granted;
• The option to label products as protected, in order to deter potential violations (by using the words ‘patented’ or ‘patent no.’ or the abbreviation ‘Pat. no.’; ‘Utility model nº.’; or M.U. nº; or ‘U.M. nº’);

Attention! The use of these symbols by someone who has not successfully obtained protection for their invention is prohibited, and is considered an illegal act. However, an applicant for a patent or utility model can indicate its pending status if he/she intends to disclose the invention in any way while awaiting a decision on protection.

• The option to transfer the right or to grant licences to third parties to exploit the invention, for free or for a fee.

Limitations on the rights conferred by a patent
The rights conferred by a patent to not cover:

• Activity undertaken in a private context, and for no commercial ends;
• The on-the-spot preparation of personalized medication according to prescription in pharmacy laboratories, or any activities related to medication prepared in this manner;
• Activities carried out exclusively for testing or experimental ends;
• The use of the patented invention on board ships of other member countries of the Paris Union or World Trade Organization, on the hull, engines, masts or other accessories, when they either accidentally or temporarily enter national waters, as long as the invention is used exclusively for the needs of the ship;
• The use of the patented invention in the construction or operation of aerial or terrestrial vehicles, or their accessories, when they either accidentally or temporarily enter the country.