To apply for a Patent grant in Costa Rica, we will require the following:
a) Full name, exact business address, and place of incorporation of the applicant
b) The title of the invention;
c) A Power of Attorney granted by the applicant duly legalized by a Costa Rican Consul.
d) Full name, exact business address, and nationality of the inventor.
e) In the case the applicant is not the inventor we will require an assignment document from the inventor to the applicant. Such document must state the complete name, marital status, profession, address, and passport number of the inventor, and must be duly legalized by the Costa Rican Consul.
f) The Description and the Claims; submitting original and two copies;
g) Drawings, submitting originals and two copies;
h) If the application claims Convention Priority, we will require a certified copy of the priority document, issued by the country’s Trademark Office where it was filed. Such certificate does not require legalization. Priority can only be claimed within twelve months from the filing date of the priority application.
i) Certified copy of the Patent home registration or patent grant. These documents can be submitted after filing the application but the Patent will not be registered until such document is submitted. This document must be filed within two month after the patent has issued in its country of origin. After two months, our legislation will consider that the application is for a confirmation patent, which is not allowed by our law.
j) Classification under the Patent's International Symbol.
If documents are not in Spanish, an Official Translator must translate them.
Registration form: The term of protection for patents is twenty (20) years, as of the date of the first patent application in its country of origin.
Exploitation: Validity of Patent is subject to evidence that the invention is exploited in Costa Rica on a permanent and stable basis. An affidavit evidencing the initiation of the exploitation must be submitted to the Patent Office within four (4) years from the date of filing of the application, or three (3) years from the date of grant of Patent, whichever is longer. Lack of such filing will render the patent subject to compulsory public license or expiration of the patent grant.
PATENT COOPERATION TREATY PCT APPLICATION
To apply for a PCT application in Costa Rica, we will require the following:
a) International Preliminary Examination report;
b) Simple copy of the PCT Application (including the description, the claims, and the drawings);
c) A Power of Attorney granted by the applicant duly legalized by a Costa Rican Consul.
d) Written opinion
e) Simple copy of the International Publication;
f) Simple copy of the International Search Report;
g) Response of the written opinion and copy of any amendment of the claims.
Registration term:The term of protection for a PCT patent is twenty (20) years, as of the date of the first patent application in its country of origin.
Exploitation: Validity of Patent is subject to evidence that the invention is exploited in Costa Rica on a permanent and stable basis. An affidavit evidencing the start of the exploitation must be submitted to the Patent Office within four (4) years from the date of filing of the application, or three (3) years from the date of grant of Patent, whichever is longer. Lack of such filing will render the patent subject to compulsory public license or expiration of the patent grant.
