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Implemented 23 countries AT, BG, CH, DE, DK, EE, FR, HU, IE, IS, IT, LI , LT, LU, LV, ME, NO, PL, PT, RS, SE, SI, TR
Implemented in parts 9 countries BE, CZ, ES, FI, GB, HR, NL, SK, SM
Not implemented 1 country GR
Information not available 7 countries AL, BA, CY, MC, MK, MT, RO |
Survey questions and answers
AT - Austria
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
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4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
BE - Belgium
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? No |
BG - Bulgaria
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
CH - Switzerland
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
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4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
CZ - Czechia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
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4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? No |
Additional information
4.4. There is no special legal provision. Information on patent proceedings, including the issuance of a decision on re-establishment of rights, is only available after the publication of the patent application via online file inspection. The text of the decision is only available upon request
DE - Germany
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
DK - Denmark
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
EE - Estonia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
The information is available in the patent register.
ES - Spain
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
FI - Finland
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
No |
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4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
Information on loss of rights can be obtained from the public database. Decisions are available upon request. Signature and date are not mandatory in the re-establishment request.
FR - France
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
4.2: but it may be provided later upon request by the office
4.3: concerning the "all due care" requirement, it's not applicable, France applies the "legitimate excuse" requirement
4.4: https://www.inpi.fr/sites/default/files/guidelines_for_patent_examination.pdf
GB - United Kingdom
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
References to rules are to The Patents Rules 2007 (as amended).
The re-establishment of rights in the UK has two names:
· Reinstatement applies to applications terminated or refused before grant.
· Restoration applies to granted patents which have ceased due to the non-payment of renewal fees.
4.1 - The UK Intellectual Property Office (IPO) forewarns of loss of rights, and in some circumstances notifies of the loss after it has occurred. This correspondence is issued by email to some applicants/proprietors. In addition, following publication most correspondence is available electronically via the online file inspection service. The pre-grant correspondence does not indicate the availability of reinstatement as a means of possible redress, so we will look to include this in the future. The post-grant ceasing letter does explain that restoration is available as a means of redress and so it meets the requirement of 4.1.
4.2 - Rule 32 requires reinstatement to be requested within twelve months of the date of termination. Consideration of the removal of the cause of non-compliance was removed from the rule in 2016 following a public consultation.
4.3 - Where the IPO is minded to refuse a request for reinstatement, a reasoned letter is issued to that effect; the letter meets the criteria listed in 4.3. Refusal itself is communicated in a formal decision which may refer to the letter or, if the applicant has made representations, may explain the issues and reasoning afresh. Where a request for reinstatement is allowed, a letter is issued which meets most of the criteria listed in 4.3. It does not, however, identify the standard which is considered to have been met, namely that the failure to comply with a requirement was unintentional. We will look to include this in the future. Where appropriate, the letter sets out the rights which third parties may have accrued during the period between termination and the publication of notice of the request for reinstatement. The same situation arises with the correspondence dealing with requests for restoration of a patent. When the request is refused all the criteria in 4.3 are met, however when the request is allowed there is no mention of the “unintentional” standard. The letter allowing restoration also sets out the third-party rights which may have accrued whilst the patent was ceased.
4.4 - Provided the application has been published, decisions on the re-establishment of rights are available via online file inspection.
GR - Greece
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
No |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
No |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? No |
HR - Croatia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
Ad. 4.4. The Croatian SIPO publishes decisions on re-establishment of rights. The following data is to be published:
1. indications concerning the person filing a request,
2. the date of receipt of a request,
3. the number of an application or a protected right which the request is filed for
4. the type and the date of issuing a decision on the request.
HU - Hungary
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
IE - Ireland
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
4.2 – see IPOI website
a. “Application for the restoration of a patent or patent application” and “Guidance Notes on Restorations” available at restoration-form-copy-1.pdf (ipoi.gov.ie) and guidance-note-on-restorations-copy.pdf (ipoi.gov.ie)
b. “Application for the reinstatement of a patent application” and “Guidance Note on Reinstatements” available website at: reinstatement-form.pdf (ipoi.gov.ie) and guidance-note-on-reinstatements-copy.pdf (ipoi.gov.ie)
Re. 4.3 - Instead of “all due care”, Irish legislation (§35A2(c)) requires that the Controller is satisfied that the said failure to comply occurred despite reasonable care having been taken to so comply.
4.4 – Notification of reinstatement of rights is also published in the IPOI journal. Actual decisions are available upon request or file inspection. e
IS - Iceland
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
IT - Italy
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
At the Italian Patent and Trademark Office only the outcome on re-establishment of rights (granted or not granted) is published. The complete file with all documents is available for consultation upon request, as prescribed by art. 186 of Italian Industrial Property Code
LI - Liechtenstein
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
LT - Lithuania
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
4.4: Only upon request.
LU - Luxembourg
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
Concerning 4.4, the LU will make sure that information from the personal domain which is provided by the requestor (medical documents, family matters, etc) are removed from the publicly accessible file.
LV - Latvia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
ME - Montenegro
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
NL - Netherlands
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
NO - Norway
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
PL - Poland
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
PT - Portugal
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
Considering 4.1, the Portuguese Industrial Property Office disclosures in its website relevant information about loss of rights and the means that applicants or patent proprietors can use. Some information is also available in FAQ. Beyond that, concerning payment of fees, holders of rights are informed (notified) of the dates on which the payment periods end. Nevertheless, the lack of this notification does not constitute grounds for non-payment of fees on the due dates.
The Portuguese IP Code provides for two means of reinstating an expired application/right in force – Revalidation and re-establishment of rights. Revalidation (article 369) is possible when the right expires due to failure to pay fees and can be made within the period of one year beginning on the date of publication of the notice of expiry in the Industrial Property Bulletin. It is authorised with payment of three times the amount of the fees in arrears, without prejudice to the rights of third parties. Re-establishment of rights (article 8) is applicable after loss of rights, and not only due to failure to pay fees (national patents/utility models or validation of European patents) but also for other reasons, such as when the applicant failure the time limit to submit a request of conversion of a provisional patent application into a definitive patent application or when the applicant did not answer to formal or substantive notifications during the examination proceedings.
When time limits for revalidation are still pending, Re-establishment of rights is not admissible.
Conserning 4.3, all the above elements are required except the address of the requester and his representative.
Conserning 4.4, currently the decisions on re-establishment of rights are available in our external data basis and can be made available either via file inspection or upon request.
RS - Serbia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
SE - Sweden
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
SI - Slovenia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
Additional information
Industrial Property Act (Official Gazette of the Republic of Slovenia, No. 51/06 – official consolidated text, 100/13 , 23/20 and 76/23 ) Article 68
SK - Slovakia
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? No |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |
SM - San Marino
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
No |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? No |
TR - Türkiye
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4.1. Does your National Patent Office’s administrative practice ensure availability, where possible via electronic means, of information on loss of rights, where this information is made available to relevant parties, such as applicants or patent proprietors either before the loss of rights has occurred or after, depending on the type of omitted act concerned, including all necessary indication on the possible means of redress available? Yes |
4.2. Does your National Patent Office’s administrative practice prescribe that the following elements are to be indicated in a request for re-establishment of rights:
Yes |
|
4.3. Having due regard to any data protection considerations, does your National Patent Office’s administrative practice prescribe that the following elements are to be provided in communications or decisions on requests for re-establishment of rights, in particular in cases of a refusal or intended refusal of such requests:
Yes |
4.4. Having due regard to any data protection considerations and any applicable legal restrictions, does your National Patent Office’s administrative practice require that decisions on re-establishment of rights be published or can be made available for consultation either via file inspection or upon request? Yes |