Cuba Patent Guide
A patent can be registered in Cuba pursuant to Decree Law No. 68 on Inventions, Scientific Discoveries, Industrial Models, Trademarks and Denominations of Origin, 1983 which provides for local patent applications.
The following information and documentation is required:
- applicant(s) and inventor(s) name and address
- Affidavit or Declaration (notarised)
- one or more claims and two copies of any drawings referred to in the description or any claim
- Power of Attorney
- certified copy of priority document (if priority is claimed)
- PCT application if required
- Spanish translation of all of the above documents
It usually takes about 18 months for the General Director of the Office of Intellectual Property in the Ministry of Science, Technology and the Environment to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Office of Intellectual Property will issue a Registration Certificate.
Patent Cooperation Treaty
Cuba 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 Cuba 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 three weeks.
Once a patent has been registered in Cuba there is an annuity payable to the Cuban 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.
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 Office of Intellectual Property 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 Cuba.
To record the assignment of a patent registration the documentation required is the Deed of Assignment and a Power of Attorney with Spanish translations.
It usually takes 12 months or less for the Office of Intellectual Property to process an application to record an assignment. Once the recording is complete the Office of Intellectual Property will issue a Certificate of Recording showing the 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 Cuba.
To record a change of name and/or address for a patent registration the documentation required is the Deed evidencing the change and a Power of Attorney with Spanish translations.
It usually takes 12 months or less for the Office of Intellectual Property to process an application to record a Change of Particulars. Once the recording is complete the Office of Intellectual Property will issue a Certificate of Recording showing the change.