Patents | Utility Models

We assist inventors and companies in defining, drafting and finding the adequate protection for their inventions. In particular we may conduct searches, freedom to operate analysis, advise on protection strategies for an invention, file and prosecute patent and utility model applications, perform national validation and maintenance acts and help in the management of our client’s inventions portfolio.

Patents and utility models are company assets that can be traded or used as collaterals. Our legal team is ready to assist clients in the transference or licensing of their patents or utility models, as well as in infringement, enforcement and litigation matters.

Trademarks

We help and assist clients in any trademark protection related issue in a range of Portuguese language jurisdictions, including Portugal and the European Union, Macao, Angola, Mozambique, S. Tomé e Príncipe and Cape Verde.

Conducting availability searches and advising on whether a trade mark can be registered is key to implementing a trademark strategy and a part of our daily practice. We can also provide watch services and assist clients in trademark enforcement, litigation matters and licensing projects.

Designs

We assist designers and businesses in design protection issues, namely by conducting searches, advising on protection strategies, filing and prosecuting design applications. Our legal team also assists clients in design enforcement, invalidation and litigation matters and provide infringement opinions.

Typically designs may be protected before commercialization through registration at national level or at the European Union level (Registered Community Design). Alternatively, an unregistered Community design will also benefit from legal protection.

Domain Names

We represent and advise clients on domain name registration issues and alternative dispute resolution procedures before the competent national and international authorities.

Domain name registration and disputes often involve trademark rights and other intellectual property rights, in a variety of scenarios. In Portugal domain name disputes concerning .PT domain names may be submitted to arbitration procedures under Arbitrare, an institutionalized arbitration centre. The disputes may involve private parties only or a private party and the competent authority (Association DNS.PT).

IP Searches

The process of creating and developing a trademark or other business identifiers for use in the marketplace requires research and investigation on potential conflicting earlier rights as well as an experienced opinion regarding the availability for the use and registration of the proposed mark.

We conduct searches and produce search reports with full comments and opinions for names, logos or other figurative elements for a range of Portuguese language jurisdictions, including Portugal and the European Union, Macao, Angola, Mozambique, S. Tomé e Príncipe and Cape Verde. We also provide watch services by monitoring publications of new trademarks valid for those jurisdictions for opposition purposes or by reviewing and reporting competitor and sector IP activities.

IP Litigation

The legal tools available to successfully defend exclusive IP rights require expertise, skills and experience to realize the best possible outcome. Our litigation team understands the challenges and risks posed by IP enforcement and are able to advise on the defence of IP rights, addressing the varied issues that arise in infringement, counterfeiting or unfair competition cases.

Our legal team has successfully represented some of the major holders of IP rights in proceedings before the National Offices, OHIM and courts.

Licensing and other transactions

Licensing or other forms of knowledge transfer is a viable option for owners of IP rights as part of the challenging process of taking intellectual property to the market for it to be used in return for profits and growth. We can assist companies in the negotiation, drafting and validation of IP assignments, licenses or know-how agreements.

IP due diligences

In the context of business transactions and investments, companies often conduct IP audits to better assess the value of their intangibles and make the most of their potential, namely to raise capital.

Our IP experts draw up an inventory of the intellectual property rights and their ownership, protection, enforceability and potential restrictions, checking all the relevant information in order to better assess risks of the intangibles.