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Official Industrial Property Agents

Official  Industrial Property Agents

Official  Industrial Property Agents are those that are recognised by INPI to exercise Industrial Property Rights on behalf of and in the interests of the parties that are their customers, with exemption from the presentation of a power of attorney.

The exercise of the Profession of  Official Industrial Property Agent before INPI is legally regulated by the Decree-Law nr. 15/1995, of January 24th.

To consult the list of  Official Industrial Property Agents, click here.

 

Access to OIPA's activity

Access to OIPAs activity in Portugal is regulated by the Decree-Law nr. 15/1995, of January 24th (with its amendments) and by the Administrative Rule nr. 1200/2010, of November 29th, as amended by the Ordinance nr. 239/2013, of July 25th.

Access to this activity before INPI is made through two different regimes, depending on whether the interested party already has the quality of  OIPA:

a) The regime for acquiring the status of  OIPA (applicable to cases where the interested party wishes to acquire this quality for the first time);

b) The OIPAstatus recognition regime previously acquired in another Member State (applicable in cases where the person concerned is already an OIPAin another country);

If you want to fill an application to start OIPAactivity, you can use the following templates:

a) The regime for acquiring the status of OIPA (not yet OIPA):

model 1 (portuguese only);

b) The OIPAstatus recognition regime (already OIPAin another country):

model 2 (portuguese only) - permanent establishment; regulated OIPAactivity in the country of origin;

model 3 (portuguese only) - permanent establishment; non-regulated OIPAactivity in the country of origin;

model 4 (portuguese only) - provision of temporary and occasional services; regulated OIPAactivity in the country of origin;

model 5 (portuguese only) - provision of temporary and occasional services, non-regulated OIPAactivity in the country of origin;

model 6 (portuguese only) - renewal of the prior declaration).

 

All requirements and procedures comply with the EU standards imposed by Directive 2005/36/EC on the recognition of professional qualifications and Directive 2006/123/EC on services in the internal market.

 

 

Previous aptitude tests sheets

Notice nr. 7579/2016, of June 17th

Line a) (portuguese only)

Line b) (portuguese only)

Line c) (portuguese only)

Line d) (portuguese only)

Line e) (portuguese only)

 

Notice nr. 6431/2017, of June 7th

Line a) (portuguese only)

Line b) (portuguese only)

Line c) (portuguese only)

Line d) (portuguese only)

Line e) (portuguese only)

 

 

 

 

Notice nr. 7597/2016, of June 17th

Following the publication in the “Diário da República” of Notice nr. 7597/2018, of June 7th (see the Notice of opening), it is made public that, until October 15th, there is a competitive examination for an aptitude test for recognition and / or acquisition of the status of  Official Industrial Property Agent, under article 3 of the Decree-Law nr. 15/1995 of January 24th, amended by Law nr. 17/2010, of August 4th.

Applications should be addressed to the President of the Directive Council of the National Institute of Industrial Property and preferably submitted by electronic transmission of data to the e-mail: drhac@inpi.pt, sent by registered mail to Instituto Nacional da Propriedade Industrial (INPI), Campo das Cebolas, 1149-035 Lisboa, or delivered by hand, in this case ensuring the candidates the corresponding delivery receipt.

The application available here (portuguese only) should be accompanied by the following documents:

a) Proof of educational and professional qualifications;

b) Proof of the absence of a criminal record regarding criminal convictions.

For more information see the opening notice here (portuguese only).

 

 

List of candidates admitted to the aptitude test and relevant information

Following the publication in the “Diário da República” of Notice nr. 7597/2018, of June 7th, for the aptitude test for the recognition and / or acquisition of the status of  Official  Industrial Property Agent, it is made public the list of candidates admitted to the aptitude test.

 

Candidates admitted to the aptitude test:

 

1 - Filipa João da Gama Franco Marques Pereira

2 - Manuel Maria de Vilhena Sacadura Gil Fernandes

3 - Diogo de Almeida Antunes

4 - Vera Lúcia Faria Viola Gonçalves

5 - Inês Duarte Tavares

6 - Cristina Maria Sanches Simões de Faria

7 - Joana Filipa Alves Coelho

8 - Dulce de Fátima Varandas de Almeida Andrade

10 - Cláudia Alexandra Maia do Couto

11 - Miguel Filipe Duarte

 

It is also made public that the aptitude test for the acquisition of the status of Official Industrial Property Agent, to be held on December 17th, 2018, will begin at 9h00 at the premises of the National Institute of Industrial Property, where the candidates admitted to the aptitude test must present themselves with their identification document.

The said test will have two phases, the first is between 9h00 and 13h00 and the second between 14h30 and 17h30.

We advise that you will not be allowed to consult any literature, manuals and / or annotated legislation, as well as the consultation of any computer / electronic equipment, namely smartphones, mobile phones, computers, among other similar equipment.

It is only allowed the consultation of non-annotated legislation, the list of member states of International Organizations and international classifications of Industrial Property.

We alert to the provisions of Articles 7 and 8 of the Proof of Aptitude Regulation, published as Annex I to the Ordinance nr. 1200/2010, of November 29th:

 

 

Article 7

Programme of the proof

 

The aptitude proof aims to assess whether the candidate has a complete knowledge of National and Community legislation and jurisprudence on Industrial Property, as well as other International and Community instruments on this subject of which Portugal is a signatory, namely:

a) the European Patent Law, as set out in the Convention on the Grant of European Patents of October 5th, 1973;

b) The Patent Cooperation Treaty of June 19th, 1970;

c) The Paris Convention for the Protection of Industrial Property of March 20th, 1883;

d) The Madrid Agreement Concerning the International Registration of Marks of April 14th, 1891 and its Protocol of June 27th, 1989;

e) The Council Regulation (EC) Nr. 6/2002 of December 12th, 2001 on Community Designs;

f) The Council Regulation (EC) Nr. 207/2009 of February 26th, 2009 on the Community Trademark.

 

 

Article 8

Written test

1 — The jury determines the duration of each part of the written test.

2 — The written test consists of the following parts:

a) the composing of claims, summary and descriptive memorandum of a patent application on the basis of information similar to the normally available to an authorised representative to perform this function;

b) Preparation of a response to an official letter in which the state of the art or the legal situation of an industrial property right is quoted;

c) Writing an opposition;

d) Response to legal issues and legal assessment of national or international situations;

e) Preparation of a hypothetical appeal of a decision of the National Institute of Industrial Property.

 

See on this page the statements of the last written tests carried out in the context of the tender for the aptitude test for the acquisition of the status of  Official Industrial Property Agent.

Information updated on 16 December 2021 11:17