Patent Registration Process
The administrative authority on industrial property in Cuba that has the power, among several others, to process and grant patent registration in Cuba is the Cuban Office of Industrial Property (OCPI).
The process for registering patents in Cuba includes several steps:
1.Presentation of the application to the OCPI, complete with the mandatory minimum documentation and payment of a fee that includes the payment of the maintenance fee for the first and second annuity.
2.Form exam. Within a period of 3 months, a formal examination is carried out by means of which it is checked if the documentation meets all the requirements. If it does not comply, an official request is sent to the applicant which must be answered within 60 days of the notification, extendable for one more month. If the applicant does not present the correction within the planned term, the application will be declared abandoned.
3.Publication in the Official Bulletin of Industrial Property in a period not less than 18 months from the request. From the moment of publication, a period of 60 business days for the presentation of oppositions is opened.
4.Substantive examination, or substantive examination. Once the deadline for submission of objections has expired, the Office conducts the examination of the patentability requirements.
Resolution of the Head of the Department of Inventions. Upon completion of the substantive examination, the Head of the Department of Inventions dictates, within 30 days, the corresponding resolution, in which he may or may not grant the patent. In any case, the interested parties may file an appeal before the Director General of the Office within 30 days from the moment of notification. Upon completion of the analysis of the Resource, within a period of 5 days, the General Director issues a well-founded Resolution, which is notified to the parties and the reference is published in the Official Bulletin of Industrial Property.
The average processing time for a patent in Cuba is 4 years
The valid time for a patent is Cuba is for 20 years that cannot be extended from the date of application. In addition, during the 20 years of validity of the patent, annual payments must be made to maintain their rights.
Cuba Trademark Application Requirements
Foreign applicants who do not have a real and effective domicile or industrial establishment in the Republic of Cuba must be represented by the Official Agents of Industrial Property to carry out any procedure before the OCPI.
Procedure for trademark registration in Cuba
The first thing that is done to register a trademark in Cuba is the search related to your trademark application. Thus the granting of the registration will be successful.
In this way it is certain that there are no applications or registrations for identical or similar brands for the same products or services. The risk of confusion to the consumer is avoided.
After having the security that there is no registration request for that brand and that it is not enabled in Cuba, it is published.
The publication is made 180 days in the Official Bulletin of the Cuban Office of Industrial Property. That way all those who believe their rights are affected can make oppositions or observations.
Trademark Registration Timeline:
At the end of the year, counted from the date of application, the Cuban Office of Industrial Property issues the Final Examination Report with the preliminary decision of total or partial concession or denial of the registration.
Against that decision, an appeal may be filed by administrative means.
Against the final decision you can file a lawsuit in administrative proceedings by court.
That is done before the Provincial Court of the City of Havana. At the end of the procedure, the concession fees are paid for the issuance of the Registration Certificate.
Depending on the registration proposal requested, the possible classes will be defined according to the international classification of products and services known as the Niza Classification.
Cuba makes a particular within the general statement of each class, whether products or services, related to the true interest and use in the country.
Once the registration application has been submitted, you receive a number. This is maintained as a trademark registration number when the certificate is granted and issued by the Office.
Validity of Trademark
From the date of application, once the rights are granted, 10 years of protection begin to run.
The rights are renewable indefinitely every 10 years by renewing the registration and paying its costs.
During the application phase the applicant may use his trademark.
You can also send a warning letter to another who starts using a similar or identical brand for the same products or services. This warns you that you have a previous registration request.
Once the registration is granted, the beneficiary could exercise the actions for infringement of rights provided in the trademark law to continue the act for the alleged offender, which includes the judicial process.