Costa Rica Patent Guide
A patent can be registered in Costa Rica pursuant to the Law on Patents, Industrial Designs and Utility Models No. 6867 (2008 Revision) which provides for local patent applications.
The following information and documentation is required:
- a description of the invention
- one or more claims and any drawings referred to in the description or any claim
- an abstract
- applicant’s name, address and nationality
- Power of Attorney (notarised)
- certified copy of priority document (if priority is claimed)
- PCT application if required
- Spanish translation of all of the above documents
It usually takes between two to three years for the Director General of the Intellectual Property Registry at the National Registry in the Ministry of Justice to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.
Patent Cooperation Treaty
Costa Rica is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.
Whilst there is no requirement to conduct a search in Costa Rica prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within two working days.
Once a patent has been registered in Costa Rica there is an annuity payable to the Costa Rican Government each year. The fee is due on the anniversary of the application date. Annuities for a PCT issued patent are due on the same date.
When the annuity has been paid the Registry will issue an official receipt.
Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Costa Rica
To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised) with Spanish translations.
It usually takes about two months for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Costa Rica.
To record a change of name for a patent registration the documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised) with Spanish translations. To record a change of address for a patent registration the only documentation required is a Power of Attorney (notarised) with Spanish translation.
It usually takes about two months for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Recordal showing the change.