Ana Madalena Ferreira
Portugal is currently experiencing a relatively strong boost in patented innovation, with sustainable growth in both national and international applications:
• In 2024, 951 national invention applications were submitted in Portugal (via the National Institute of Industrial Property — INPI) — an increase of 5.2% compared to 2023.
• The number of international applications (PCT + European) in Portugal as a receiving office was 77 in 2024.
• For applications to the European Patent Office (EPO) originating in Portugal, there were 347 in 2024 — +4.8% compared to 2023.
• Portugal ranks 18th in Europe in terms of patent applications, with around 0.4% of the European share.
• Areas with the highest number of applications include information technology and medical technology.
Brazil represents both an interesting market for patent protection for Portuguese companies and an environment where specific costs (translation to Portuguese, local procedures) need to be well understood.
• In Brazil, the National Institute of Industrial Property – Brazil (INPI-BR) requires that patent applications be in Brazilian Portuguese or include a translation into Brazilian Portuguese within specific deadlines.
• There is a cooperation agreement between Portugal and Brazil that establishes the “Patent Prosecution Highway (PPH)” between the two industrial property institutes. The PPH is a simple and free way to accelerate the patent application process through the sharing of information and work between INPI and other partner institutes of the PPH project.
• Translating patents into Portuguese (especially for Brazil) represents a significant cost.
Thus, collaboration between Portugal and Brazil can offer the following strategic advantages:
• Translation cost savings: A joint approach allows sharing translation and technical and legal adaptation efforts for Portuguese, potentially with mutual use of content or specialized Lusophone translation centers.
• Process acceleration via PPH: The PPH agreement between the institutes of Portugal and Brazil reduces examination duplications and can expedite grant issuance in both territories.
• Strengthened Lusophone presence: By promoting patents originating in Portugal with extension or partnership in Brazil, the visibility of Lusophone innovation in the international patent system is enhanced.
• Market synergy: Portuguese companies that want to operate in Brazil can benefit from local protection, and vice versa, Brazilian companies that innovate can use Portugal/Europe as a platform.
However, we need to consider some challenges, such as for example:
• Even with the PPH, each jurisdiction has its own patent examination and grant requirements; therefore, simplification does not mean elimination of risk or cost.
• Translations, although optimizable, still represent a significant part of the costs for Lusophone territories — they must be well-budgeted. Translations filed in Portugal must be in European Portuguese, and translations filed in Brazil must be in Brazilian Portuguese. Although foreign clients may think the same translation can be used in both countries, this is not true. There are many differences in vocabulary and grammar.
• Patent maintenance (annuities, national validations) can represent prolonged expenses.
• Need to assess whether the Brazilian market justifies the costs of entry and maintenance — protection without exploitation may have limited return.
Recommendations for Portugal to improve its position in the market:
• Further invest in the internationalization of patents — identify markets outside Europe, foster international collaborations.
• Promote technology transfer: ensure that Portuguese patents do not remain “on paper” but reach the market.
• Encourage Portuguese startups and SMEs to protect their inventions globally, not just in Portugal.
• Strengthen training and support in intellectual property (IP) and patents for researchers, companies, and universities.
• Continue focusing on future sectors (AI, digital health, biotechnology, renewable energy) where Portugal is already showing patenting activity.
In conclusion, we can emphasize that ‘Lusophony’ in the patent area can be a strategic asset, and that Portuguese and Brazilian companies that join forces can achieve scale, reduce costs, and strengthen global presence.
In the European market, Portuguese applicants filed more patent applications in the information technology and medical technology sectors. The third sector with the highest number of patent applications was pharmaceuticals.
In Portugal, health-related sectors (medical technologies, pharmaceuticals, and biotechnology) registered the highest number of patent applications. Portuguese inventors filed more patents in the biotechnology and pharmaceutical sectors, contrary to the global trend observed by the EPO, which saw a decrease. Even so, medical technology experienced a decrease of about 19% compared to the previous year.