Global Patent GO: Costa Rica——Introduction to Costa Rica Patent Application

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In Spanish, Costa Rica means "fertile coast". Indeed, Costa Rica is a country with relatively good economic development in Central America and has a high standard of living. It was the first country in the world to dismantle its military, and therefore ranks among the top 10 countries in the world. One of Forbes’ Best Countries to Retire in 2020. After undergoing a series of economic reforms, Costa Rica has developed from a country with a single agricultural economy to a country with a diversified economic framework based on tourism, exports of electronic and medical components, and information technology services.

Today, it has become Costa Rica's basic national policy to vigorously attract foreign investment, participate in global industrial cooperation, and promote the upgrading of traditional industries through green advanced manufacturing processing and exports. Since the establishment of diplomatic relations between Costa Rica and China in 2007, the signing of the China-Costa Rica Free Trade Agreement has made China become Costa Rica’s second largest trading partner after the United States. Combined with China’s technological advantages, the two parties have entered into fields such as precision food, automobile assembly, and home appliances. There is extensive space for cooperation in manufacturing, construction machinery, information technology, product research and development, etc. In addition, cooperation has been strengthened in areas such as technology transfer, educational services and sustainable development.

In the past few years, the number of scientific researchers in Costa Rica has grown significantly, far exceeding the world average. The participation of women in science and engineering research continues to increase, and there are more companies investing in knowledge to create new technologies. Costa Rica The technology sector has developed into one of the most dynamic economic sectors in Latin America. There are more than 300 companies in the domestic technology sector, and most of the software they develop is supplied to the international market. In May 2020, at the initiative of the President of Costa Rica, following the principles of voluntary mechanisms and social teams, WHO launched the COVID-19 Technology Access Pool to share scientific knowledge, data and provide one-stop services for intellectual property to the international community. , which aims to make COVID-19 vaccines, testing reagents, treatments and other health technologies available to everyone by establishing information sharing. This initiative has currently been supported by more than 30 countries and multiple international cooperation agencies. The emergence of this initiative itself is also a reflection of Costa Rica's emphasis on scientific and technological research and development itself.

Introduction to Costa Rica’s Patent System

1. Language for submitting patent application in Costa Rica:

  • spanish

2. Types of patent protection:

  • Inventions, utility models, designs

3. Ways for Chinese applicants to apply for patents in Costa Rica:

  • Paris Convention, PCT route into Costa Rica national phase, direct application

4. Review unit:

  • Costa Rica Intellectual Property Office, Registry of Intellectual Property, abbreviation: RIP.

5. Submission deadline

  • Paris Convention: 12 months.
  • PCT route to Moroccan national phase: 31 months.
  • Accept restoration of priority on "due care" grounds.

6. Review process

  • There is no concept of patent surcharges in Costa Rica's patent applications, and there are neither fees for excess claims nor fees for excess pages of the specification. After 2 months of formal review, RIP will make an announcement and then enter a 3-month objection period. During this objection period, anyone can raise an objection; the corresponding substantive examination fee must be paid within 15 days of the end of the objection period to enter. At the actual review stage, usually only one notice of examination opinion is issued, but the applicant only has 15 days to respond to the examination opinion; if no objections occur and there are no active revisions, under normal circumstances, if everything goes well, it will take about 3 years. The patent certificate can be received within a certain period of time, and the utility model also needs to go through the substantive examination stage, but under normal circumstances, the patent certificate can be received in about 1 year. The design does not require substantive examination.

7. Authorization and annual fees

  • The annual fee for a Costa Rica patent must be paid from the date of application to the date of grant of the patent. The annual fee for the second year must be paid within two months from the date of grant. The payment deadline is the last day of the month in which the application date is located. Payment can be made 2 years or more in advance. There is a 6 month late payment period.


Features of Costa Rica Patents

  1. Costa Rica joined the OECD Digital Economy Policy Committee in 2017. The domestic digital economy is developed, and electronic applications for trademarks and patents have been implemented.
  2. Costa Rica's penalties for intellectual property infringement are clear. Any act of counterfeiting patented products that harms the interests of the patentee, selling, providing for sale, storing, selling, importing and exporting products with inventions, industrial icons and models, or using patented products will be punished with a fine of 1- 3 years in prison.

Friendliness towards Chinese applicants:
★★
The value of patent rights:
★★
Completeness of rights protection mechanism:
★★

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