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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 any party with a legitimate interest in its use. This includes industrialists, manufacturers, traders, farmers, producers, creators, and service providers, provided they intend to use the trademark to identify their goods or activities. Registration grants 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”, also known as “prior art”, refers to everything that has been made publicly available on a given subject prior to the filing date of a patent or utility model application. This includes information disclosed through publications, products already on the market, or any other publicly accessible means. It also includes patent or utility models applications filed in the relevant country, even if not yet published. The state of the art is a key factor in assessing an invention’s novelty, determining whether it was already known before the patent application and, consequently, whether it may be protected.
A provisional patent application allows an application to secure a priority date while gathering the necessary elements for the definitive application. This type of application is useful when the invention is still under development or when there is urgency in securing protection. To be submitted, it is sufficient to include the the applicant and inventor details, the invention’s name, and a brief description (which must include all technical features).The application must be completed within 12 months with the remaining required documents.
