Patent Registration in Cuba – Patenting Products or Inventions.Francesca Mandolini2019-04-19T06:19:50+02:00
To protect in the right way both the new technical solutions and any kind of invention, it is essential to adopt a proper step for the registration of a patent.
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 Cuba: the process
The administrative authority of industrial property in Cuba, which has, among others, the responsibility to register patents of inventions is the Cuban Office of Industrial Property (OCPI, in Spanish).
The process for a patent in Cuba includes various steps:
- Filing of the application to the OCPI, complete with the required documentation and the payment of a fee that includes the maintenance for the first and second year.
- Formal examination. Within 3 months, a formal examination is done in order to verify if the documentation meets the basic requirements. If not, an official requirement for information is sent and must be answered within a period of 60 days from the notification, extendable for one additional month. If the applicant does not submit the correction shall be declared abandoned.
- Publication in the Official Journal of Industrial Property, within minimum 18 months. The publication opens a 60-day period for oppositions.
- Substantive examination. Once achieved the deadline for filing objections, the Office performs the test about patentability requirements.
- Resolution of the Head of the Department of Inventions. Concluded the substantive examination, the Head of the Department of Inventions dictates, within 30 days, the corresponding resolution, which may be the granting or not of the patent. Anyway, interested parties may file an Appeal to the General Director of the Office within 30 days from the moment of notification. Once the Appeal analysis is finished, within 5 days, the Director issues the final decision, which is notified to the parties and the reference is published to the Official Journal of Industrial Property.
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The average duration for a patent process in Cuba is 4 years 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 Cuba?
- 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 Cuba.
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration.