You must file your patent application with the National Registry of Industrial Property, the authority that manages intellectual property registration in Costa Rica.
Contact us to initiate the process of filing a patent in Costa Rica.
What is a patent in Costa Rica?
The National Registry of Costa Rica grants a patent as an exclusive right to all inventions. This patent allows the holder to prevent others from copying, using, distributing, or selling the invention without permission. The patent lasts for 20 years.
Documents needed
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: You initiate the procedure by submitting the form and complete patent application documents.
Preliminary Examination: The Registry verifies administratively that the form information is complete and accurate. If the Registry finds any missing documents, it issues a formal notification requesting you to submit the pending documents within a specified time.
Substantive Examination: After the Patent Office publishes the application in the Official Gazette, it sends a notification requesting payment of the examination fees. Once you pay these fees, patent examiners search national and international databases to check if your application meets patentability requirements. If the Patent Office finds your application does not meet these requirements, it issues an official action. You then have one month to submit arguments or necessary amendments to comply.
Publication: After approving the preliminary examination, the Patent Office issues an Order for Publication. This order requires publishing the application three times in the Official Gazette and once in a national newspaper. You must then file a copy of these publications with the Costa Rican Patent Office by the deadline stated in the Order.
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 National Registry grants the patent in Costa Rica, it remains valid for 20 years. Patent holders must pay maintenance fees annually, calculated from the international filing date. They must pay the accumulated fees when the patent is granted and continue paying annual fees each year thereafter.
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 Costa Rica.
