From March 1st, the European Patent Office (EPO) will be performing the Portuguese search reports with written opinion (RPOE) provided in the Industrial Property Code. This action has come into effect after the National Institute of Industrial Property (INPI) and the EPO signed a collaboration agreement at the end of last year, the 18th of its kind in Europe.

The RPOE includes a prior art search to evaluate the patentability requirements of the invention, such as its novelty, inventive step and industrial applicability. Therefore, with the implementation of this system and thanks to the intervention of the EPO examiners, the reports can be done faster and with higher quality. In addition, this intends to promote the internationalization of national technologies and patent portfolios, facilitating access to the Unitary Patent system for national inventors and companies.

There are some requirements to obtain this service which does not include any additional cost.  Apart from residing or having their main business activity in a member state of the European Patent Convention, applicants must be natural persons; micro-enterprises, IAPMEI-certified small and medium-sized enterprises, or universities, research centers or non-profit organizations. Applications must also be national and lack priority claims.

However, since only a maximum of 400 per year will be managed, the number of RPOEs will be limited to five per individuals and ten per universities. If the total number of annual reports is exceeded or if the applicant does not meet the above conditions, the INPI will be in charge of preparing the report, as it used to.From March 1st, the European Patent Office (EPO) will be performing the Portuguese search reports with written opinion (RPOE) provided in the Industrial Property Code. This action has come into effect after the National Institute of Industrial Property (INPI) and the EPO signed a collaboration agreement at the end of last year, the 18th of its kind in Europe.