IP Scan Enforcement

This service aims to provide advice to SMEs that find that their Intellectual Property Rights (IPR) have been infringed, that are accused of IPR infringement by third parties or that face a high risk of suffering such infringements.

The IP Scan Enforcement service covers a broad range of IP rights related to IP infringement risk: patents, trademarks, designs, utility models, plant varieties, geographical indications, and non-registered/non-registrable assets such as trade secrets, copyrights and unregistered designs.

In what situations might the IP Scan Enforcement service be useful?

The SME may, for example, find itself in a situation where it is accused of violating an IPR (the SME as defendant), or discovers that someone is violating its IPR (the SME as plaintiff), or even in situations that require specific preventive actions.

The IP Scan Enforcement service can be useful in the following circumstances:

if your company becomes aware of a third party infringing your IP assets
if your company has or could receive claims from a third party for allegedly infringing their IP assets (e.g. you have received a cease-and-desist letter)
if your company requires specific preventive actions related to the enforcement of its IP rights (for example, in the case of online commerce activities, outsourcing of production, participation in fairs and exhibitions, among others).

The IP Scan Enforcement service does not include:

Formal enforcement activities, such as writing cease-and-desist letters and filing litigation actions
Resolving specific individual files
Providing direct contact between the expert and enforcement authorities
IP infringement monitoring services
Formal legal advice

General Conditions

Eligibility of SMEs

According to the European Commission's definition, only SMEs from the European Union (EU) are eligible for funding.
If the SME is eligible, the "first come, first served" principle will be applied, with criteria based on the date and time of the application submission.

Requirements

The SME must meet the following requirements cumulatively:

Being established in a Member State of the EU.
The Member State where the SME is established offers the IP Scan Enforcement service.

Applying for the IP Scan Enforcement Service

To benefit from the IP Scan Enforcement service, SMEs should follow these steps:

1 Application to the European Union Intellectual Property Office (EUIPO)

New Applications for voucher 1 requests - IP Pre-diagnostic Services (IP Scan) and IP Scan Enforcement Services - are now closed.

2 Consultation of the List of Experts

After submitting the application on EUIPO website and being assigned with the approval and the corresponding grant (voucher), and before requesting the IP Scan Enforcement service, beneficiaries should consult the list of experts selected to provide this service on INPI’s website.

Connsult the list of experts

3 Form Completion

The SME should request the IP Scan Enforcement service by completing the online form provided on INPI’s website.

Complete the online form

4 Expert Contact with the SME

Subsequently, after having been informed by INPI that he/she has been selected by the SME, the expert should contact the company to schedule and conduct the necessary interviews and subsequently produce the Report. This will provide the SME with general guidance, actions to be taken, information on potential costs, and relevant contact details for follow-up. Based on the report provided by the expert to the SME, the beneficiary will have the necessary information to decide on appropriate enforcement actions.

5 Quality Verification by INPI

Before submitting the reimbursement request to the EUIPO, the report must be submitted to INPI for quality verification purposes.

6 Reimbursement Request at EUIPO

Once the payment of the service to the expert is concluded, the SME must submit the proof of payment to INPI. After completing the quality check procedure, INPI will issue an 'IP Scan Enforcement report proof of payment' document that will enable the SME to request the reimbursement of 90% of the amount paid (excluding VAT), up to a maximum of 810 euros, using the form available in its SME Fund account.

Contact

For more information about the IP Scan Enforcement service, contact INPI via email - ipscan@inpi.pt.