To file a patent in Cuba, applicants must submit their application to the Intellectual Property Office of Cuba (OCPI), the official authority responsible for handling IP registrations.
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What is a patent in Cuba?
In Cuba, a patent is an exclusive title and right granted by the OCPI to protect inventions. As a result, it allows the holder to prevent others from copying, using, distributing, or selling the invention without authorization. Typically, 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?
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Application Submission: Applicants start the process by submitting the completed patent form and documentation.
Preliminary Examination: Authorities review the application for completeness. If any documents are missing, the Registry issues a notice and gives 60 days to provide the required materials.
Publication: Once approved, the application is published in the Cuban Gazette.
Substantive Examination: This stage begins automatically after filing—no separate request or fee is needed. If the application doesn’t meet patentability requirements, the office issues an official action. Applicants then have 60 days to respond with arguments or corrections.
Grant: If the application meets all requirements, the office grants the patent.
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 Cuba grants the patent, it remains valid for 20 years. The 1st and 2nd annuities are paid with the filing fees. After that, the 3rd annuity becomes the first payable one and must be paid before the 2nd anniversary of the international filing date. Then, annuities are due every year on that same 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 Cuba.
