To file a patent in Cuba, it must be processed before the Intellectual Property Office of Cuba (OCPI), as they are the authority responsible for managing intellectual property registration applications in Cuba.
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What is a patent in Cuba?
A patent in Cuba is an exclusive title and right granted by the OCPI 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 Cuba?
The official language for patent filing in Cuba is Spanish.
Our in-house translators can assist you.
What Documents are necessary to file a Patent in Cuba?
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- A patent description: Specification, claims and abstract. Drawings, if applicable.
- Power of Attorney, duly signed by applicant.
- Spanish Translations: Spanish translations may be filed voluntarily or in response to the formal office action.
- Assignment Documents from the inventors
How is the Patent process in Cuba?
- 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 the term of 60 days.
- Publication: After the preliminary examination is approved, the application is published in the Cuban Gazette.
- Substantive Examination: Substantive Examination starts automatically once the application is filed. No fees or requests must be filed.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 60 day term to present the arguments or the necessary amendments to comply with said requirements.
- Grant: Once the application passes the substantive examination, the patent is granted in Cuba
Patent term:
20 years from the date of filing of the application.
Average time from filing to grant:
The average time from filing to granting a patent in Cuba is 5-6 years.
Grant, validity term and maintenance fees
Once the patent in Cuba is granted, it will be valid for a period of 20 years. The 1st and 2nd Annuities are paid together with the filing fees.
Therefore, the first payable annuity is the 3rd and it is calculated from the international filing date. The same must be paid in advance of the 2nd anniversary of the international filing date.Subsequent annuities should be paid annually on the anniversary of the international filing date.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Cuba through an attorney or agent registered in the country.
Check out our blog for more information on 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.
