Patent Registration in Nicaragua – Patenting Products or Inventions.
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 Nicaragua: the process
The administrative authority of industrial property in Nicaragua, which has, among others, the responsibility to register patents of invention is the Intellectual Property registry (RPI, in Spanish).
The process for the registration of a patent follows various steps:
- The firs action is the filing of the application to the RPI. The application must be completed with all the necessary documentations and the payment of the respective fees.
- Formal examination, which verifies that the documentation is clear and correctly filed. In case of omissions or deficiencies, the applicant shall remedy within a period of 2 months, otherwise the application shall be considered not filed and it will be archived.
- Publication of the application. Within 18 months from the date of application, the RPI shall order the publication which has to be made through a notice in the Official Gazette. Within 15 working days from the order of publication, the applicant shall submit to the RPI the proof of payment for the publication; besides, within 3 months from the publication, a copy of the page of the written media in which appeared the notice shall be submitted. If it is not submitted within the specified time, the application shall be considered abandoned and archived. The moment of the publication opens a 90 days period for filing oppositions.
- Substantive examination, which can be done by the RPI directly or through the course of independent experts coming from public and private entities. The applicant shall pay the respective fees for the examination within 6 months from the date of application. If the invention does not meet the requirements needed to be patented, the RPI will notify it to the applicant in order to receive the complete documentation within 3 months. Otherwise, the application will be denied.
- Granting of the patent of invention.
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The average duration for a patent process in Nicaragua goes from 3 to 4 years, depending on the specifics of the cases. The patent of invention will be valid for a no-extendible period of 20 years, starting from the date of application. To keep the patent in force, the applicant shall pay annual fees; the lack of payment will cause the full expiration of the patent.
Why choosing Protectia for the registration of a patent in Nicaragua?
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of patent registration: from the moment of application to granting.
- Resources and experience: Protectia will be your ideal partner for being highly specialized in the field. Besides, we have powerful informatics resources along with the expertise of our professional, essential to advise, develop and manage the protection of inventions in Nicaragua.
- 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.