A Patent in Panama must be applied in the General Direction of Intellectual Property Registry (DIGERPI). They are the state agency responsible for the application of the intellectual property protection laws.
What is a patent in Panama?
A patent in Panama is an exclusive right granted by the country for the protection of an invention, under the Law on Intellectual Property (No. 35) of May 1996. This grants the holder of a patent in Panama an exclusive right to sell and/or relinquish their right to third parties to commercialize under a license. It also enables the right to prevent third parties, without authorization, from performing acts of manufacture, use, offer for sale, sale or import the patented product or procedure.
How to file a patent in Panama?
The official language of a patent application in Panama is Spanish. The application may be filed in any foreign language. However, the Spanish translation must be submitted within the first 60 days after notification. Keep in mind, a hearing may be required before publication.
Filing a Patent in Panama must contain the following documents:
- Full name and address of the applicant, whether an individual or a corporation.
- A Patent Description: Invention title, abstract of the invention, utility design, claims and drawings if applicable.
- Assignment Document.
- Translation if patent application is in a foreign language.
- PCT application if required.
- Power of Attorney, duly signed by applicant.
How is the Patent process in Panama?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation using:
–Online Portal
-Personally at the DIGERPI. - Formal and Technical Examination: From an administrative process it is verified that the information on the forms is complete and adequate in order to continue processing. The Patent Office will review the necessary documents.
Upon approval by the panel, there is a 14 month period for study from the date of the first usage or the invention date. This process determines if anyone else used the invention prior to this date or invented the product before then which is known as the “state of the art” period.
- Publication: After the preliminary examination, the application is published in the Panama Industrial Property Bulletin within 18 months of the application date. Once the application is published in the Official Gazette, there is a 60 days period for third parties to file oppositions against these applications for patents.
- Substantive Examination: After the time of publication in the Official Gazette, if there is no comments regarding opposition, the application continues through the substantive examination before granting the patent.
Patent term:
20 years from the date of filing of the application or the international filing date for National Phases.
Priority:
A patent in Panama is signatory to the PCT treaty. The time limit for the PCT national phase entry is 30 months from the earliest date of priority and 12 months for non-Paris Convention Applications.
Grant, validity term and maintenance fees
The first payment corresponding to the first 5 years will be paid at the moment of filing the application for a patent in Panama. The 2nd and subsequent Quinquennium of Annuities should be paid every 5 years as from the PCT filing date. The 4th is the last Quinquennium payable. The official grant fee for a patent in Panama should be paid within 60 days from issuing the notice of allowance.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Panama 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 Argentina.
