PATENTS
PATENT REQUIREMENTS IN PANAMA
1. Power of Attorney signed, duly notarized and legalized through the Apostille or the Panamanian Consulate in the country of origin.
2. A Certificate of Existence of the Company issued recently, legalized by the Panamanian Consulate or the Apostille. That is, a document issued by a Notary Public or by the authorities to which the company was incorporated (Mercantile, Companies Registry or the equivalent in that country), certifying the
legal existence of the company, that it is in force and that the person who grants the power is authorized to do so.
3. Assignment Document: signed by the transferor (inventor) and the assignee (applicant), whose signatures must be notarized and the document legalized before the Panamanian Consulate or by the Apostille.
4. Priority Document, only in case you are interested in claiming priority (Paris Convention). This document is a Certified Copy of the foreign application issued by the Patent Office of the country of origin, and does not require legalization.
5. Descriptive Memory:
For patents:
Description, drawings, summary and claims. This document must be complete and in Spanish, it does not need notarization or legalization.
For utility models:
Description, drawings, summary and claims. This document must be complete and in Spanish, it does not need notarization or legalization.
For industrial models and drawings:
❖ Introduction indicating the industrial object and the application of preference.
❖ Description, which should briefly refer to graphic reproduction of the model.
❖ Essential characteristics, which provide originality and novelty that distinguishes, gives appearance and own characteristics.
❖ Claims, drawings, summary.
These are the only documents for which no authorized translation is required to Spanish.
EXPIRATIONS:
Power of Attorney: 2 months from the application for registration, extendable only once, for two additional months (upon payment of the corresponding rate).
Priority Document: 6 months from the registration request.
Document of Assignment of Inventors: At the request of the examiners.
State of the art of Patent under the Paris Convention: 14 months from the date of the application for foreign registration (claimed priority). If not claimed, 14 months after the Panamanian application.
State of the art of Patent in national PCT phase: 4 months from the application in Panama of the national phase.
PCT APPLICATIONS:
With the amendment to the IP Law, No. 61 of October 5, 2012, it is possible to file patent applications based on the Patent Cooperation Treaty (PCT) and also enter the national phase through the Office of Panamanian patents.
OBSERVATIONS:
They are not considered inventions:
❖ The theoretical or scientific principles;
❖ Discoveries that consist of making known or revealing something that already existed in nature, even if previously unknown;
❖ Economic plans, schemes, principles or methods or of business, those referring to purely mental activities and games;
❖ Computer programs per se that refer to usage designated for a computer;
❖ The forms of presentation of information;
❖ Aesthetic creations and artistic or literary works;
❖ The methods of surgical, therapeutic or diagnostic treatment, applicable to the human body, and those related to animals. It does not apply to products, especially substances or compositions, or inventions of devices or instruments for the implementation of such methods;
❖ Juxtaposition of known inventions or product mix known, the variation in its shape, dimensions or materials, except that it's really about your combination or merger so that you don't can function separately, or that their qualities or functions characteristics are modified to obtain an industrial result not obvious to a technician in the field;
❖ Inventions contrary to national laws, health, public order, morals, good customs or the security of State.
Excluded from patentability:
❖ Plants, animals and essentially biological procedures for the production of plants or animals that are not non-biological or microbiological procedures.
❖ Plant species and animal species and races;
❖ Biological material as found in nature;
❖ The living matter that composes the human body;
❖ Vegetable varieties.
The State of the Art must be requested:
Paris Convention: Within 14 months from the priority date.
National Patent: Within 14 months from the date of application.
PCT National Phase: Within 4 months from the date of application in Panama.
TIMEFRAME:
The registration procedure takes about 20 to 36 months.
VALIDITY:
Registration is granted for 20 years, however, payments for five-year periods must be paid (every five years until full payment is completed for 20 years of protection). If the respective payment is not submitted, the Patent Office will expire the registration.
Additional protection for non-pharmaceutical patents may be requested if it has there was unreasonable administrative delay in the process of granting the patent. This is regulated by law.
Substantive examination: in accordance with the regulations of Executive Decree No. 825 of July 4, 2017 after the State of the Art Report has been made and published, the applicant must request the substantive examination. The results will be evaluated together with the State of the Art Report, the corrections made to the patent or the applicant's comments as well as any other information to grant the registration or reject it.
TRADEMARKS
Trademark Law in Panama
Legal basis is the Intellectual Property Law No. 35 of November 10, 1996, amended by Law No. 61 of October 5, 2012, regulated by the Executive Decree No. 85 of July 4, 2017. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Classification
Nice classification, 10th edition. Multiple-class applications now are possible.
TRADEMARK REGISTRATION PROCEDURE IN PANAMA
Once the application of the trademark registration is presented in compliance with the established requirements, the period of examination may take three months to be published in the Official Bulletin of Industrial Property, said publication will be ordered if it is found according to the application for registration.
During the term of two months, counted from the day following the publication, any person may file a claim to oppose the registration of the requested trademark. If there is no demand for opposition, the registration will be ordered by reasoned resolution, the corresponding registration certificate being issued to the interested party, leaving the rights of third parties safe.
TIMEFRAME
If there is no opposition lawsuit and all the requirements are met, the period of registration of a trademark is approximately seven (7) to nine (9) months.
VALIDITY
The registration of a trademark has a duration of ten years, counted from the date of submission of the application, and can be renewed indefinitely for equal periods, provided that it is requested within the corresponding term and tax rights are paid. This term to request renewal has an additional grace period or extension of six (6) months, with a corresponding fine payment for late payment.
Remarks of the Trademark Registration Proceedings in Panama:
The application is filed at the Panama Industrial Property Direction (DIGERPI).
The applicant’s company doesn’t need to provide a certificate evidencing its existence anymore. However, the registration details and jurisdiction under which the company is existing must be declared.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 3 to 6 months. Prior to registration, the trademark application is published in the “Boletin del Registro de Propiedad Industrial”.
National Opposition Period
The opposition period is 2 months from publication date of the application.
Trademark Duration
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.