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Intellectual Property can raise various questions. Álvaro Duarte & Associados has compiled clear answers regarding the services we provide and the most common procedures, making it easier for you to access essential information.
If you require further clarification, you may contact us through the form available on this page.
While our presence in Portugal has been well-established for over 50 years, Álvaro Duarte Associados also provides services at the international level, supporting clients in the protection and management of rights across the globe.
The right to register a trademark belongs to anyone who has a legitimate interest in its use. This includes industrialists, manufacturers, merchants, farmers, producers, creators and service providers, as long as they intend to use the trademark to identify their products or activities. Registration confers exclusive rights over the trademark, ensuring its protection and preventing unauthorized use by third parties.
There is no limit to the number of trademarks a person or company may register. In fact, it is crucial to ensure that each good or service to be identified and protected is effectively associated with a registered trademark.
The “state of the art” or “prior art” refers to everything that has been made public about a particular subject before the date of a patent application or utility model. This includes information disclosed in publications, products already available in the market, or any other means accessible to the public. Additionally, it also covers patent applications or utility models that have been filed in the country where protection is sought, even if they have not yet been published. The state of the art is an essential factor in evaluating an invention, as it determines whether something was already known before the patent application and, therefore, whether it can be protected or not.
A provisional patent application allows securing a priority date while the applicant gathers all the necessary elements for the definitive application. This type of application can be useful when the invention is still in development or when there is urgency in ensuring protection. To be submitted, it only needs to include the identification of the applicant and the inventor, the name of the invention and a brief description. The application must be completed within 12 months with the remaining required documents.