Patent

Costa Rica

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions are subject of patent protection, however, they must fulfill certain conditions established by Law. The subject matter of an invention can be either a product, a machine, a tool or a process. Inventions are generally defined as any creation of
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
N/A
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
31 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
"The term to compensate will be 1 Day (per day of delay), as long as the remaining term of the patent does not exceed 12 Years. Nevertheless, the total term to compensate shall never be more than 18 Months.

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
Spanish
Translation required
Yes
Due date to file the translation
2 Months
Power of Attorney (In case of individual applicant, copy of passport is required)
Notarized
Deed of Assignment
Apostille
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Apostille
Home / Foreign Registration Certificate, with required translation
Apostille
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
Apostille
Declaration of Nationality
Apostille
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
1 Month (maximum)
Deadline to File the Reply
15 Days
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
1 Month (maximum)
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
1-2 Years
Deadline to File the Reply
1 Month
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
6 Months (maximum)
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
1 Month
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition
Yes