PATENTS
 

Patent Application Remarks in Costa Rica: 
• Claiming priority according to the Paris Convention
• Opposition system of third parties based on the application’s publication

PATENT REGISTRATION PROCESS IN COSTA RICA
The different steps covered by a patent application until the effective grant of the patent right in Costa Rica are briefly developed below.

- Presentation of the application.

- Form exam. Review of the application to determine if it meets all the requirements required by law. In case of missing documents, the Registry issues a prevention indicating the documents that are needed or the additional information they require. To answer give terms between 15 days and two months. (there is not a certain number of views, it depends on the examiner)

-Publication. Once the form exam is passed, the publication edict is issued. This must be published 3 consecutive times in Official Gazette and once in a national newspaper. As of the third publication in Official Gazette, the public opposition period of three months begins to run.

- Opposition. If there is opposition, the applicant is transferred to answer within the following month. The patent is then sent to a thorough study. The opposition will result in the substantive resolution.
Notification of the cost of the expert on the fund. The Registry will notify the applicant of the amount to be paid to carry out the substantive study (expert opinion) and will grant a period of 15 days to cancel said amount.

- Substantive Exam. Once the expert's report has been canceled, the technical body must wait for an opinion in which it will indicate whether or not the invention is patentable.

*In case of not being patentable, the applicant is given a period of one month to present his observations, and if necessary, correct or complete the documentation provided, or modify or divide the application. If the applicant does not comply with the provisions within the deadline, the Registry will deny the granting of the patent by reasoned resolution.

-Concession. If it is patentable, it is registered.

For PCT national phase patent applications
- Notarized power of attorney (if not already on-file at PTO)*
- Spanish translation of description, claims, abstract and drawings
- Copy of assignment document (for declaration under PCT Rule 4.17)

For registration of designs:
- Notarized power of attorney (if not already on-file at PTO)*
- If applicable, legalized/apostilled assignment document signed by both assignor and assignee, a certified copy of said document or of an extract thereof***
- 5 drawings (min.) showing different views
- If priority is claimed, a certified copy of the home application or certificate of
registration (no apostille or consular legalization required)**
- Brief description of design (150 words)

TRADEMARKS

Trademark Law in Costa Rica

Legal basis is the Trademark and Other Distinctive Signs Law of February 1st, 2000, as amended by Law No. 8632 of March 28, 2008.

Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. The right to register a mark belongs to the earliest bona fide user of the mark or to whoever first files the application if there is no prior use.

Classification

Nice classification, 11th edition

Trade names and slogans can be registered, but no classification system is used.

Multi-class applications are possible.

Trademark Registration Procedure in Costa Rica:

Once the application has been submitted to the Intellectual Property Registry, the Registrar will review the request and if said registrar has no objections, additional requests or preventions against the request.

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. The Registrar will issue the legal edict which must be withdrawn and published in the Official Gazette. As of this publication, a period of 2 months begins for any third party with any interest in relation to the application to present their opposition to it.

If there are no oppositions within that period, the request is made to the Intellectual Property Registry for said authority to issue the corresponding trademark certificate.

In accordance with the foregoing, in case there are no oppositions to the trademark application, the procedure for registering a trademark normally takes approximately 5 to 6 months from the date of submission of the application to the Intellectual Property Registry.

For registration of trademarks:
- Notarized power of attorney (if not already on-file at PTO)*
- Name, domicile and place of incorporation of the applicant
- Country of origin of the mark
- Goods or services (Nice Classification, 10th edition)
- 1 print (electronic), if the mark includes a figurative element
- If priority is claimed, a certified copy of the home application or certificate of
registration (no apostille or consular legalization required)**

For assignment and change of name of trademarks
- Notarized power of attorney (if not already on-file at PTO)*
- Apostilled or legalized change of name or assignment document (signed by both assignor and assignee), a certified copy of said document or of an extract thereof***
- Registration particulars
For renewal of trademarks
- Notarized power of attorney (if not already on-file at PTO)*
- Registration particulars

Power of Attorney:

To submit applications for the registration of trademarks and other distinctive signs in Costa Rica, it is necessary that the interested party (whether a natural or legal person) grants a special power of attorney. This document must be authenticated before a Notary Public of the country in which it is signed (it is sufficient that it be authenticated before a Notary, the power does not require an apostille or legalization before the Consulate).

If the trademark contains a design, we will require a color copy of the trademark logo that is required to be registered approximately 8cm x 8cm and not larger than 10cm x 10cm. It is necessary that they send us said logo or design in an electronic format that can be manipulated in such a way that we can increase or decrease its size.

Timeframe:

The processing time from first filing to registration is approx. 5-6 months. The first office action is taken after approx. 2 weeks.

National Opposition Period:

The opposition period is 2 months from the date of the first publication of the trademark.

Trademark Duration:

Protection begins with the date of registration. Provisional protection begins with the date of application, but it can only be asserted after registration. A trademark registration is valid for 10 years. It is renewable for further periods of 10 years. Trade Names last indefinitely, will be extinguished with the company or establishment that uses the name. The slogans have indefinite protection; their existence depends on the trademark or trade name to which it refers.

Notes:

* Must be submitted within the peremptory deadline of 2 months after the filing date. Apostille or consular legalization is optional.
 
 ** Must be submitted within the peremptory deadline of 3 months after the filing date. Apostille or consular legalization is optional.
 
 *** Apostille or consular legalization is mandatory. Must be submitted within the peremptory deadline of 15 days after the filing date.