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COUNTRY : REPUBLIC OF COSTA RICA
CAPITAL : SAN JOSE
LANGUAGE : SPANISH
Patents are granted by the Ministry of Justice.
INTERNATIONAL TREATIES TO WHICH COSTA RICA IS SIGNATORY
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN COSTA RICA:
The legal system in Costa Rica is based on the Civil Law system.
Patents in Costa Rica are governed by: Law No. 8039 on Procedures for Enforcement of Enforcement of Intellectual Property Rights (as last amended by Law No. 8834 of May 3, 2010.
Patents are granted by the Ministry of Justice.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN COSTA RICA:
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new & novel it is not predictable owing to prior publication, prior use or prior public knowledge.
(ii). Inventive Step: Apart from the invention not being obvious to a person skilled in the art, inventive step would be a feature of an invention that involves either:
- A technical advancement compared to the existing knowledge
- Having economic significance or,
(iii). Industrial Application: An invention must be capable of industrial application, which means, the invention should be capable of being made or used in an industry.
INVENTIONS NOT PATENTABLE IN COSTA RICA:
- Inventions which are frivolous, contrary to well established natural laws.
- Inventions primarily intended to be against public order and morality such as equipment to produce counterfeit currency.
- Mere discovery of a scientific principle or formulation of an abstract theory.
- Mere discovery of a new form of a known substance not resulting in the enhancement of the known efficacy of that substance.
- Mere arrangement or re-arrangement or duplication of known devices resulting in each functioning independently of one another in a known way.
- Methods of horticulture or agriculture.
- Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatments of human beings and / or animals.
- Biological processes for production or propagation of plants and animals.
- Mathematical, business methods, computer programs per se.
- Aesthetic creations.
- Inventions relating to traditional knowledge. • Inventions relating to atomic energy. • Methods of performing mental acts or playing games. • Topography of integrated circuits
PartityPatents Law Firms through its associates in Costa Rica is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN COSTA RICA:
(i). Names of the applicants.
(ii). Addresses of the applicants.
(iii). Names of the inventors.
(iv). Addresses of the inventors.
(v). Priority data.
(vi). Complete specification in Spanish.
(vii). Set of claims.
(viii). Drawings if any.
(x). Priority documents.
(xi). Proof of right in a convention application.
EXAMINATION OF THE PATENT APPLICATION IN COSTA RICA:
- Upon receipt, the patent application is examined for formalities compliances and fulfilment of all requisites.
- After formalities examination, patent application is published in the Gazette as well as a national newspaper within stipulated time frame for 3 consecutive days
- Patent application found to be in compliance with all requisites and not in contravention of any acts and rules and no opposition or objection forth coming, is registered and patent granted to the invention.
RIGHTS OF THE PATENTEE IN COSTA RICA:
TERM AND KINDS OF PATENTS GRANTED IN COSTA RICA:
Patents with a term of 20 yrs.
Utility Patents with a term of 10 yrs.
RIGHTS & DUTIES OF THE PATENTEE: Rights: As concerns both patented products as well as processes, the patentee shall have the exclusive right to prevent 3rd parties in Paraguay from:
- Offering for sale
- Selling or importing the product as well as such product obtained directly from the patented process.
- To ensure that the patents granted are worked on a commercial scale and to the fullest extent reasonably practicable without undue delay.
- Patentee should ensure that patents granted do not impede protection of public health and nutrition and should act as instruments to promote public interests.
- The patent shall not be abused by the patentee or persons deriving the title or interest on the patent.
- Patentee to not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
COMPULSORY LICENCES OF PATENTS IN COSTA RICA:
At any time after the expiry of 3 years from the grant of a patent or 4 years from the date of patent application interested parties may apply for grant of compulsory licenses on the following grounds:
(i). When reasonable requirements of the public with respect to the patented invention have not been satisfied.
(ii). When patented invention is not available to the public at reasonable and affordable prices.
(iii). When patented invention is not worked on the territory of Costa Rica.
(iv). When national emergencies, circumstances of extreme urgency arise.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Costa Rica, can assist you comprehensively with Compulsory Licence matters.