Patent registration in Costa Rica – Patenting Products or Inventions.Francesca Mandolini2019-04-19T06:19:50+02:00
An essential part of any business strategy is the need to protect Intellectual Property. Moreover, the benefits generated by the monopoly rights guaranteed thanks to a registered patent might be very high.
In Protectia we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.
Patent registration in Costa Rica: the process
The administrative authority, assigned to the National Register, responsible for the registration of the rights concerning industrial property in Costa Rica is the Industrial Property Register.
The process follows these steps:
- Filing of the application to the Industrial Property Register, complete with all the necessary documentation and the payment of the respective fees.
- Formal examination. Within approximately 1 month, the Register shall undertake a formal review of the documents, proving that the application is clear and correctly filed. If the information or the documentation is incomplete to continue with the process, the Register shall make a request for information which must be responded within 90 working days.
- Publication, within 18 months from the date of application. It is to be noted that is possible to decide to withdraw the application before it is published, in which case will still remain secret. It opens a 1 month period to file oppositions.
- Application for patentability examination. It has to be reminded that for the registration of a patent in Costa Rica it is necessary to request for this exam within 36 months from the date of application and after 60 working days from the publication of the patent.
- Substantive examination. It consists of verifying that the patent meets the requirement of novelty, inventive level and industrial application.
- Granting of the patent.
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The average duration for a patent process in Costa Rica goes from 3 to 4 years, depending on the specifics of the cases, and is valid for a non-extendible period of 20 years. Besides, during the 20 years, annual payments must be done for the maintenance of the patent´s rights.
Why choosing Protectia for the registration of a patent in Costa Rica?
- Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
- Resources and experience: we have powerful informatics resources along with the expertise of our professional, ideals to advise, develop and manage the protection of inventions in Costa Rica.
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration, from the moment of the application to the granting of the patent.