Nicaragua Patent Guide
A patent can be registered in Nicaragua pursuant to the Law on Patents, Utility Models and Industrial Designs, 2001 (Law No. 354) (as amended), the Regulations of the Law on Patents, Utility Models and Industrial Designs (Decree No. 88-2001) (as amended) and the Amendments and Additions Law (No. 1025) of 3 April, 2020 which provide for local patent applications.
The following information and documentation is required:
- a request for the grant of the patent
- a description of the invention
- one or more claims and any drawings referred to in the description or any claim
- an abstract
- Power of Attorney (notarised and legalised / apostilled)
- 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 12 months for the Registrar of the Industrial Property Registry at the General Board of Industry in the Ministry of Economic Affairs and Development 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
Nicaragua 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 Nicaragua 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 four weeks.
Once a patent has been registered in Nicaragua there is an annuity payable to the Nicaraguan Government each year. The first fee in respect of the third year is due in advance on the second anniversary of the application date and the subsequent fees on the anniversary of the application date. Annuities for a PCT issued patent are due on the same dates.
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 Nicaragua.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).
It usually takes four months or less 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 Nicaragua.
To record a change of name and/or address for a patent registration the only documentation required is the Deed evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).
It usually takes four months or less 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 Change of Name and/or Address.