To file a patent in Costa Rica, it must be processed before the National Registry of Industrial Property, as they are the authority responsible for managing intellectual property registration applications in Costa Rica.
Contact us to initiate the process of filing a patent in Costa Rica.
What is a patent in Costa Rica?
AA patent in Costa Rica is an exclusive right granted by the National Registry to all inventions. This patent gives the right to prevent anyone from copying, using, distributing or selling the invention without permission. The duration of an invention patent is 20 years.
How to file a patent in Costa Rica?
The official language for patent filing in Costa Rica is Spanish. A patent in Costa Rica can be done personally.
Also, you may need to file a trademark in Costa Rica.
What Documents are necessary to file a Patent in Costa Rica?
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- A patent description: Specification, claims, abstract and drawings, if applicable.
- Power of Attorney, duly signed by applicant.
- Spanish Translations: Spanish translations must be filed with the patent application in Costa Rica. For PCT, filing in a different language is possible, as long as the submission of the Spanish translation is made with the publication.
How is the Patent process in Costa Rica?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation of the patent application.
- Preliminary Examination: From an administrative process it is verified that the information on the forms is complete and adequate. If any required document is missing, the Registry will issue a formal notification to submit the pending documentation within a given term.
- Substantive Examination: Once the patent application is published in the Official Gazette, the Patent Office issues a notification requesting payment of the examination fees. Once these fees are paid the patent examiners conduct a search in national and international databases to determine if the application meets the requirements of patentability. If the Patent office determines that the application does not meet the requirements of patentability, they will issue an official action and the applicant will have a month to present the arguments or the necessary amendments to comply with said requirements
- Publication: After the preliminary examination is approved,the Patent Office issues an Order for Publication. By means of which, they request that the application be published three times in the Official Gazette and once in a national newspaper. Afterwards, a copy of such publications must be filed at the Costa Rican Patent Office prior to the deadline indicated in the Order for Publication.
Patent term:
20 years from the date of filing of the application or the international filing date for National Phases.
Average time from filing to grant:
The average time from filing to granting a patent in Costa Rica is 5-6 years.
Grant, validity term and maintenance fees
Once the patent in Costa Rica is granted, it will be valid for a period of 20 years. Maintenance Fees are paid annually and they are calculated from the international filing date. The payment for the accumulated annuities should be effected upon grant and the subsequent annuities must be paid each following year.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Argentina.
