To file a patent in Nicaragua, it must be processed before the Intellectual Property Registry of Nicaragua (RPI), as they are the authority responsible for managing intellectual property registration applications in Nicaragua.
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What is a patent in Nicaragua?
A patent in Nicaragua is an exclusive title and right granted by the RPI to all inventions. This patent gives the right to protect their application from 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 Nicaragua?
The official language for patent filing in Nicaragua is Spanish. For PCT cases, filing in a foreign language is possible. The Spanish translation can be submitted in a foreign language, the deadline to provide the Spanish translation is two months from the date of submission in Nicaragua.
Our in-house translators can assist you.
What are the required documents needed to file a patent in Nicaragua?
- 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: The deadline to provide the Spanish translation is two months from the date of submission in Nicaragua.
How is the Patent process in Nicaragua?
Application Submission
Applicants initiate the procedure by submitting the completed patent application form along with all required documentation.
Formal Examination
The Registry verifies that the information provided in the forms is complete and correct. If any required document is missing, the Registry issues a formal notification, granting a two-month period to submit the pending documentation.
Publication
After the application passes the formal examination, the Registry publishes it in the Nicaraguan Gazette.
Substantive Examination
Within the first six months after publication in the Official Gazette, the Patent Office requests payment of the substantive examination fees. Once paid, patent examiners perform a search in national and international databases to assess whether the invention meets the patentability requirements.
If the application fails to meet these requirements, the Patent Office issues an official action. The applicant then has three months to respond with arguments or amendments. If a second office action follows, the applicant must reply within two months. Should the Office issue a denial resolution, the applicant has only three days to file an appeal.
Grant
If the application satisfies all patentability criteria, the Patent Office grants the patent in Nicaragua.
Patent term:
20 years from the date of filing of the application. Additionally, Renewal Payments are paid annually.
The average time from filing to granting a patent in Nicaragua is 3-6 years.
Grant, validity term and maintenance fees
Once the patent in Nicaragua is granted, it will be valid for a period of 20 years. To keep the patent in force, the application must pay annual fees. The first payable annuity is the third. The same should be paid the day before the 2nd Anniversary of the PCT filing date. The same concept applies to subsequent annuities.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Nicaragua through an attorney or agent registered in the country.
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This content may suffer modifications due to updates in the official regulations of Nicaragua.
