Portugal's intellectual property register is administered by the Instituto Nacional da Propriedade Industrial (INPI). An extract – or certidão – confirms the current status of a trademark, patent, design or utility model: ownership, encumbrances, renewal dates and any pending opposition or cancellation proceedings. For a counterparty check before a licence deal, brand acquisition or supply-chain agreement, this document is typically ready within two to five business days for standard requests submitted through INPI's online portal. A parallel search across insolvency, land and corporate registers is usually required before the full commercial picture becomes visible, because IP status alone does not disclose whether the owner is solvent. Whether the IP forms part of a pledged asset pool. Alternatively, whether an enforcement proceeding is already running against the rights holder.
What the Portuguese IP register records – and what it does not
INPI maintains separate sub-registers for trademarks (marcas), patents (patentes), utility models (modelos de utilidade), industrial designs (desenhos e modelos industriais) and topographies of semiconductor products. Each entry states the registration number, filing and registration dates, the applicable Nice or Locarno classification, the current titleholder, any licences or pledges formally recorded, and the renewal status. Searches can be run by applicant name, NIF/NIPC (Portuguese tax identifier), registration number or keyword.
What the IP register does not contain. Informal licence arrangements that were never presented to INPI for recordal remain invisible. Sub-licences granted by a licensee to third parties appear only if separately notified. An IP right may be technically in force at INPI while simultaneously subject to a nullity or cancellation action pending before the courts. those proceedings are tracked through Citius. Portugal's court information system, not through INPI itself. Likewise, a pledge over IP rights recorded in INPI does not automatically appear in the commercial register (registo comercial), so cross-referencing both is essential.
How to obtain an extract: procedure step by step
Step 1 – Identify the correct sub-register and right. Before placing an order, determine whether you need a trademark, patent or design extract. Rights that lapsed and were later revived, or that changed ownership through merger or assignment, may have layered entries. A preliminary free-text search in INPI's public database (BDI – Base de Dados do INPI) helps narrow the scope without triggering fees.
Step 2 – Order the certidão online. INPI accepts requests through its online services portal. The applicant identifies the right by registration number. Payment is by credit card, Multibanco reference or MB Way. No Portuguese NIF is strictly required at the ordering stage for a standard extract. unlike the land register (predialonline). This requires a NIF and redirects foreign requestors without a Portuguese tax number to act through a representative. The INPI portal is accessible to foreign applicants directly.
Step 3 – Receive and verify. The digital extract is delivered by email or made available for download. It carries a validation code that third parties can use to verify authenticity without needing to log in. The document is issued in Portuguese; a certified translation will be required for use before foreign courts or regulatory bodies.
Step 4 – Cross-check with linked registers. An IP extract in isolation is rarely sufficient for transactional due diligence. The following additional searches are standard practice:
- Insolvency (Citius / CIRE): The Citius platform provides free access to insolvency proceedings, PER, PEAP and PEVE filings, searchable by NIF/NIPC. A critical operational note: the default search window on Citius covers only the last 30 days. Practitioners must manually select "Todos" (all periods) to avoid a false-negative result – a common error when international clients run their own searches without guidance.
- Court proceedings (Citius – general): The same Citius environment covers case allocation, judicial notices, injunctions and auction of seized assets, all freely accessible. However, Citius does not substitute the Lista Pública de Execuções (public enforcement list) or the Banco de Portugal's Central de Responsabilidades de Crédito – those are separate instruments requiring separate queries.
- Commercial register (registo comercial): The certidão permanente of the IP-owning company, viewable by access code without charge once issued, discloses corporate encumbrances, share pledges and management authority. Ordering the certidão is a paid step.
- Financial statements (IES / depósito de contas): Annual accounts filed with IRN can be retrieved as a certidão de contas anuais – available online in paper form at €55, with a lower electronic tariff. This document is also available in English on request, as confirmed by the official IRN FAQ.
- Land register (predialonline): Where IP rights are held by a vehicle that also owns real property relevant to the transaction, a certidão permanente predial costs €15 online (€20 at the registry office), is valid for six months via access code, and requires a NIF/NIPC – meaning a foreign buyer without a Portuguese tax number must proceed through a local representative.
Timelines and practical expectations
Standard INPI extract: Two to five business days under normal load. Complex or older entries – rights that predate digitalisation, or where historical assignments were recorded on paper only – may require an extended search and the timeline can stretch to ten business days. INPI does not publish a guaranteed SLA for standard certidões, so buffer time should be built into deal timelines.
Urgent requests: INPI provides an expedited processing option (urgente) for certain proceedings. The fee differential applies; the timeline is not publicly standardised and depends on the type of right and current registry workload. Confirm availability and timing directly at the time of filing.
Insolvency and court searches: Citius results are available immediately once the search is correctly configured. As noted above, the 30-day default window is a structural limitation of the system interface, not a data gap – all historical entries exist in the database, but the interface filter must be adjusted manually.
Land and company registers: The certidão permanente predial via predialonline is typically delivered within minutes to a few hours after payment. The commercial register certidão operates similarly once the order is placed and confirmed.
Supply-side risk: what to look for before a transaction or dispute
The supply-risk perspective – assessing a counterparty before entering a licensing arrangement, supply agreement or enforcement action – requires reading the IP register not in isolation but as one layer of a broader compliance screen.
Ownership gaps and chain of title. Portuguese IP law requires formal recordal of assignments at INPI for the assignment to be effective against third parties. A right that appears under an original registrant's name may in practice be operated by a successor that never completed the recordal. This creates a chain-of-title gap: the formal titleholder has no commercial relationship to the asset, but the register still shows their name. Identifying this requires comparing INPI records with the commercial register and, if available, corporate transaction history.
Recorded pledges and licences. A pledge (penhor) over a trademark or patent is recordable at INPI and will appear on the extract. A licensee's exclusive licence, if recorded, similarly appears. Either encumbrance affects what can be freely transferred or sub-licensed. In distressed situations – where the IP owner is also subject to insolvency proceedings – recorded pledges interact with the insolvency estate rules under CIRE (article 152 defines the composition of the estate). Checking INPI alone without cross-referencing Citius leaves this interaction invisible.
Renewal risk and lapse. Trademarks in Portugal are registered for ten-year periods, renewable indefinitely. Patents run for twenty years from filing date. If a right is within its final renewal window and the owner shows signs of financial distress visible in the insolvency or court registers. There is a real risk the right lapses before any transaction closes. The IP extract will show the current renewal status, but not the owner's intention or financial capacity to renew.
Parallel EU rights. Many Portuguese IP holders also hold EU trademarks (via EUIPO) or European patents (via the EPO). These rights are not visible in INPI's domestic register. A transaction involving brand rights should always include an EUIPO search alongside the INPI query, as the EU-level right may be more commercially significant than the national registration.
Pending oppositions and cancellation actions. INPI's public database shows the procedural status of pending applications, including opposition periods. Cancellation actions filed before the courts appear in Citius but not in the INPI extract itself. A right that appears clean at INPI may simultaneously be subject to a court-filed nullity action.
Service tiers: what Ferraz & Whitmore delivers
The table below sets out three service levels for IP register extract work in Portugal. All tiers include professionally reviewed Portuguese-language primary documents; the scope of cross-register coverage and analytical depth increases with each level.
| Tier | Scope | Fee (€) | Not included |
|---|---|---|---|
| Signal | INPI extract for one right (trademark, patent or design); status confirmation; ownership and encumbrance summary; basic insolvency check via Citius (all-periods search) | 290 | Company register; financial statements; land register; EU/EPO parallel rights; court proceedings check; translation |
| Standard | Signal scope plus: commercial register certidão for the IP owner; insolvency and enforcement (Citius full-scope, Lista Pública de Execuções flagged); chain-of-title review; written memo in English summarising risks | 530 | Financial statements; land register; EUIPO/EPO parallel rights; certified translation for court use; litigation strategy advice |
| Extended | Standard scope plus: filed financial statements (IES certidão); EUIPO and EPO parallel rights search; land register check (if applicable); full cross-register risk matrix; English-language memo with transaction recommendations; one consultation call | 1 100 | Certified translation for foreign court proceedings; legal opinions under foreign law; ongoing monitoring; representation in opposition or cancellation proceedings |
To discuss which tier fits your situation or to initiate a request, write to info@ferrazwhitmore.com or visit the contacts page.
Frequently asked questions
- Can a foreign company obtain an INPI extract without a Portuguese representative?
- Yes, for most standard extract orders. Unlike the land register (predialonline), which requires a NIF/NIPC and effectively requires a local representative for foreign applicants, INPI's portal allows direct access for foreign applicants by registration number. For more complex requests – historical entries, expedited processing – working through a local representative reduces friction and avoids interface errors.
- Does the INPI extract confirm that a trademark is currently valid and enforceable?
- It confirms registration status and renewal currency, but not enforceability in litigation. A trademark may be registered and current at INPI while simultaneously subject to a nullity or cancellation action before the courts, which would appear in Citius rather than in the INPI extract. Full enforceability confirmation requires both sources.
- What happens if the IP owner is in insolvency when we find the extract is clean?
- An INPI extract showing no pledge or encumbrance does not rule out insolvency. Insolvency proceedings are tracked in Citius and, once opened, may affect the administrator's ability to freely licence or assign the IP without court approval. Cross-referencing Citius using "Todos" (not the default 30-day window) is essential. Under CIRE article 152, IP rights registered in the owner's name form part of the insolvency estate unless specifically excluded.
- How long does the INPI certidão remain valid?
- INPI does not set a formal expiry date on certidões, but for transactional purposes counterparties and courts typically expect documents not older than three to six months. For ongoing supply contracts, a refresh search at each material renewal point is advisable given that ownership and encumbrance status can change between INPI registration dates.
- Is the INPI extract available in English?
- The document is issued in Portuguese. Unlike financial statements filed with IRN – where an English version is available on request as confirmed by the official FAQ – INPI certidões do not have a standard English-language version. A professional translation or a certified translator's summary will be needed for use before non-Portuguese authorities.
- Does a recorded licence at INPI bind a buyer of the IP right?
- Under Portuguese IP law, a licence that has been properly recorded at INPI is effective against subsequent acquirers of the right. An unrecorded licence may not be enforceable against a third-party purchaser who acquires in good faith. Due diligence should therefore verify both what is recorded at INPI and what contractual arrangements exist between the parties – the latter visible only through document review, not register searches.
Related Ferraz & Whitmore practice areas
Questions about IP due diligence in Portugal frequently arise in conjunction with corporate transactions, licensing disputes and cross-border enforcement. The following practice areas handle the legal work that typically follows a register review:
- Intellectual Property – licence structuring, assignment, opposition and cancellation proceedings, portfolio strategy
- Mergers & Acquisitions – IP due diligence as part of acquisition and investment transactions
- Litigation & Arbitration – enforcement of IP rights and defence of cancellation actions before Portuguese courts
- Corporate Law – structuring of IP-holding vehicles and group arrangements
For analytical background on the Portuguese legal and corporate environment, see the Analytics section.
Disclaimer: This page is provided for informational purposes only and does not constitute legal advice. The information reflects publicly available sources and registry facts as of the publication date indicated. Laws, tariffs and registry procedures may change. Ferraz & Whitmore accepts no liability for decisions taken in reliance on this material without independent legal verification. For advice specific to your situation, contact the firm directly.