Patents are among the most ancient ways of protecting intellectual property. Their raison d'etre is to encourage economic and technological development, by means of rewarding intelectual creativity. A patent is, in fact, a mere document. One, however, granted by a national patent office or by a regional office as a response to an applicant´s request. This document describes an specific product or process so inventive and useful, that exclusive explotation rights over the invention are conveyed to its owner for a determined amount of time, as a recognition, and reward, for his inventiveness and creativity.
What can be patented under Costa Rican Law?
Only inventions are subject of patent protection according to Costa Rican Law; and these must fulfill certain conditions, established by Law. The subject matter of an invention can be either a product, a process, a machines or a tool, and is generally defined as any creation of the human intellect that has industrial applicability. » Discoveries, scientific theories, mathematical methods, commercial methods, and software programs on their own; » purely aesthetic creations, literary works, and art, in general; » plans, principles or methods that relate to business, advertisment, or economy, and those that refer to purely mental or intelectual activities or chance; » and the juxtaposition of known inventions or products, a variation in their form of use, dimensions or materials (unless the merge resulting from these has characteristics radically different from those present in the original products, and this result those not result obvious to an expert in the field); are not considered inventions. Also, our Law excludes from patentability: » Inventions whose commercial explotation may disrupt public order, moral values, or the health of any living being, or that may prove hazardous to the environment. » Diagnosis, therapeutic and surgical methods of treatment for persons or animals. » Plants and animals, except microorganisms that are not found in nature. » Procedures that are essentailly biological for the production of plants or animals.
What are the patentability requirements for a patent?
An invention, under Costa Rican Law, must fulfill 3 specific conditions to be protected by a patent; novelty, inventive step and industrial applicability. The element of novelty, implies that the invention has a new characteristic or features which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called " prior art”, and it includes any information which has been made available to the public anywhere in the world by written or oral disclosure. Regarding the inventive step, it is requiered that the invention could not be deduced by a person with average knowledge of the technical field. And industrial applicability means that the invention has a specific, substantial and plausible utility; in other words, that has practical use.
What is requiered in order to file a patent application?
» Detailed description of the invention » Claims » Graphs, drawings and any figure necessary in order to describe the invention » Summary of the invention » A receipt that confirms the filing fee was payed. » Applicant´s full name » If the applicant is not the owner, then an assignment of rights that justifies the filing by the applicant. » Place and means thorugh which notifications will be recieved. » Classification of the invention according to the International Patent Classification
How are patents granted in Costa Rica?
Once the first step of filing the patent application is complete, the Costa Rican Patent and Trademark Office will first examine whether the formal requirements established by Law are met. Fifteen days after proper notification are awarded to the applicant in case the PTO finds any flaws in this sense. In case the necesarry ammendements are not filed within this time frame, the application will be abandoned. After this stage, the PTO will issue a notice that must appear for three consecutive days in the Official Gazette and in another national newspaper within the time frame of one month. The Costa Rican Patent Law grants a three-month period after the publication date in the Official Gazette for any third party to file an opposition against said patent application. After this period expires, and if there are no oppositions filed, the Patent and Trademark Office will send the application to the corresponding authority in order to initiate the examination phase in Costa Rica. If there are any oppositions, the PTO awards one month for the applicant to respond to any allegations made by the opposer. Failure to file a response by the deadline could be construed by the PTO as a tacit acknowledgment of the opposer's arguments when this case is officially examined in Costa Rica. The examination phase consists of an initial examination by technicians in the field of the patent, which will determine whether or not the application complies with the patentability requirements of novely, inventive step and industrial applicability. Oppositions and counter-oppositions are also taken into account and resolved by means of this examination report. One full month is awarded to the applicant in order to ammend any defects osberved by the examiner. If these ammendments surpass the examiner´s objections, or if there were no objections to start with, the patent will then move on to grant.
What right does a granted patent convey to its owner?
As mentioned previously, a patent awards its owner the exclusive right to exploit an invention for a limited period of time. In the case of Costa Rica, this period is 20 years from the date of the first filing(even if this application was filed in some other country). Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent.
Are there any specific actions that a patent owner must make in order to maintain his patent in effect?
Costa Rican Law has Use Provision requirements that establish that all patent holders are obliged to commercially exploit their patented invention. This explotation must be permanent and stable within three years from the date of the grant of the patent or four years from the patent application, which ever is the longer term, and cannot be interrupted for over a year.
Are there any annuity fees for granted patents in Costa Rica?
One of the requirements under the Costa Rican Use Provisions for a granted patent is the payment of an annuity fee, according to newly imposed laws in this sense. This obligation is enforced upon the granting of a patent and is, as its very name indicates, paid for annually.
Does the current legislation allow for any type of modification to a patent applicantion; such as claim ammendments and/or the filing of a divisional patent application?
Patent applications can be modified without any restrictions before a final ruling; even the very claims of an application are subject to change. This might imply, however, a new technical examination, if the patent application has already been examined, that is. Divisional applications can be submitted provided that the divisional does not involve an extension of the invention or an expansion of disclosure compared to the initial patent application. Similarly, patent applications may also be withdrawn by the applicant at any time.
What is an industrial design?
According to our Law, an industrial design refers to the aesthetic aspect of one, any object. It can involve any three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color, provided they give a “special” appearance to an industrial product or handicraft, and can serve es a model for industrial manufacturing. It does not protect any technical features of the object to which it is applied given its aesthetic nature.
What does the term utility model refer to?
Any new arrengement, disposition or form, obtained from, or introduced to, tools, instruments or known utensils, that allow for a better function or special use of these.
Is there any relation amongst patent applications and utility model applications?
If a patent application does not cumply with the requirement of inventive step, the applicant can submit the exact same invention as an utility model rather than a patent application.
What are the terms for protection for patents, industrial designs and utility models?
20 years for patents, and 10 years for both industrial designs and utility models. These terms, according to our Law, are counted starting from the filing date of said applications.
