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Patents

Costa Rica

(Latin America/Caribbean) Firm Facio & Cañas

Contributors Milagro Chaves

Updated 22 Apr 2021
Which patent-related international treaty is your country is a member of?

Costa Rica belongs to the following patent-related international treaties:

  • Paris Convention
  • Patent Cooperation Treaty ("PCT")
  • TRIPS
  • Strasbourg Agreement on the International Patent Classification ("IPC") system
What kinds of protection is available for inventions?

Inventions protections available in Costa Rica include:

  • Inventions
  • Utility models
What kinds of subject matter (as such) are excluded from patent protection?

The following subject matter is excluded from patent protection in Costa Rica:

  • Methods of medical treatment or diagnosis
  • Computer programs
  • Business methods

 

What are the documents and information required for filing a national patent application?

Required documents and information required for filing a national patent application in Costa Rica include:

  • Name and address of the applicant(s)
  • Name and address of the inventor(s)
  • Specification (description, claims and drawings)
  • Abstract
  • Power of Attorney
  • Deed of Assignment
Is it possible to request early publication or a deferment of publication?

No, it is not possible to request early publication or deferment of publication in Costa Rica.

Does the applicant have a provisional right upon the publication of an application?

No, the applicant does not have a provisional right upon publication of an application in Costa Rica.

When is it possible to file a voluntary amendment to specification?

It is possible to file voluntary amendments in Costa Rica at the following times:

  • At the time of entry into the national phase (for PCT application)
  • At any time during prosecution
  • At the time of requesting examination
Is it required to file a request for substantive examination?

Yes, it is required to file a request for substantive examination in Costa Rica. 

Is there a third-party opposition procedure upon publication or after grant?

Yes, there is a third-party opposition procedure upon publication or after grant in Costa Rica. 

What is the time period from application to grant for a straightforward application (no office actions or oppositions)?

The time period from application to grant in Costa Rica is between 3-4 years.

Is there any process for accelerated examination of application?

No, there is no process for accelerated examination of an application in Costa Rica. 

To maintain the validity of patent, is it required to pay an annuity in your country?

Yes, it is required to pay an annuity to maintain the validity of a patent in Costa Rica. 

Is late payment of annuity permissible?

Yes, late payment of an annuity is permissible in Costa Rica. Late payment fees will have to be paid, these will depend on the expiry date. 

What are the available enforcement methods in your country?

Available enforcement methods in Costa Rica include:

  • Civil enforcement
  • Administrative enforcement
  • Criminal enforcement
  • Border measures
Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware?

None identified. 

Patents

Costa Rica

(Latin America/Caribbean) Firm Facio & Cañas

Contributors Milagro Chaves

Updated 22 Apr 2021