CR - Costa Rica
Registry of Intellectual Property (Costa Rica)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Registry of Intellectual Property (Costa Rica)
PL: Law No. 6867 of 25 April 1983, on Patents, Industrial Designs and Utility Models (as amended up to Law No. 8686 of 21 November 2008)
PR: Executive Decree No. 38308-JP of 12 February 2014, on Amendments to Decree No. 15222-MIEM-J of 12 December 1983, approving Regulation of Law No. 6867 of 25 April 1983, on Patents, Industrial Designs and Utility Models
List of currencies used in this document:
USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Costa Rica
Two-letter code:
CR
Costa Rica - Registry of Intellectual Property (Costa Rica)
Name of Office:
Registry of Intellectual Property (Costa Rica)
Location:
Apartado Postal 523-2010 Zapote
San José
Costa Rica
Mailing address:
Same as above
Telephone:
(506) 22 341 537
(506) 22 020 885
E-mail:
vcohen@rnp.go.cr
jlizano@rnp.go.cr
hmarin@rnp.go.cr
Website:
Facsimile:
(506) 2234 1537
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
CR
Costa Rica - Registry of Intellectual Property (Costa Rica)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
CR
Costa Rica - Registry of Intellectual Property (Costa Rica)
Types of protection available via the PCT:
Patents
Utility models
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
After a patent has been granted, the applicant is entitled to damages for the period following the international publication of the international application. For that purpose, and if the international publication has not been effected in Spanish, the applicant must submit to the Office a translation of the international application into Spanish. The provisional protection applies as from the date of publication in Spanish of the international application. Refer to Article 11 of the Law No. 6867 of 13 June 1983 on Patents, Industrial Designs and Utility Models.
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
Must be in the request. If not already complied with within the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
No

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Costa Rica
Language in which international applications may be filed:
Spanish
Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer Annex D) may have to be furnished by the applicant (PCT Rule 12.3)
Language accepted for language-dependent free text in the sequence listing:
Same as above
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 29 November 2018, pages 347 et seq.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
CL
Chile - National Institute of Industrial Property (Chile)
, 
EP
European Patent Organisation - European Patent Office (EPO)
, 
ES
Spain - Spanish Patent and Trademark Office
Competent International Preliminary Examining Authority:
CL
Chile - National Institute of Industrial Property (Chile)
1, 
EP
European Patent Organisation - European Patent Office (EPO)
2, 
ES
Spain - Spanish Patent and Trademark Office
Fees payable to the receiving Office:
Transmittal fee:
online 237 USD
on paper 289 USD
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
324 USD
Search fee:
Refer to
Annex D(CL)
Annex D(EP)
Annex D (ES)
Fee for priority document (PCT Rule 17.1(b)):
32 USD
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
144 USD
Is an agent required by the receiving Office?
No, if the applicant resides in Costa Rica
Yes, if the applicant is a non-resident
Who can act as agent?
Any attorney registered in Costa Rica
Refer to Law No. 6867 on Patents, Industrial Designs and Utility Models, Article 34
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Spanish
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
The applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)
National fees:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Refer to Law No. 6867 on Patents, Industrial Designs and Utility Models, Article 33(a) and Regulations to the Law on Patents, Industrial Designs and Utility Models, Article 47
Patents
Filing fee 3
500 USD
Utility models
Filing fee
75 USD
Exemptions, reductions or refunds of fees:
Refunds of up to 50% may be possible 4
It is possible to reuse the fee already paid for an application that was subsequently abandoned for the payment of the national fee in respect of a new application with the same subject matter
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the applicant must comply with the requirement within 90 days after entry into the national phase. The Office will not issue an invitation to this effect
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 5
Instrument of assignment or transfer of the right to the application 5
Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application 5
Evidence concerning non-prejudicial disclosures or exceptions to lack of novelty, such as disclosures resulting from abuse, disclosures at certain exhibitions and disclosures by the applicant during a certain period of time 5
Appointment of an agent or address for notification in Costa Rica
Translation of the international application or any document relating to it to be furnished in two copies (one paper copy and an additional copy in electronic format (CD-ROM))
Verified translation of the international application, where deemed necessary
Verified translation of the priority document 6
Who can act as agent?
Refer to Law No. 6867 on Patents, Industrial Designs and Utility Models, Article 34
Any attorney registered in Costa Rica
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

CR.01 LANGUAGE OF PROCEEDINGS
PR Art. 9
The language of proceedings is Spanish. Where the international application was not filed in Spanish, the applicant shall furnish a verified translation into Spanish.
CR.02 TRANSLATION (CORRECTION)
PCT Rule 51bis1(e)
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).
CR.03 DIVISIONAL APPLICATIONS
PL Art. 8.1
An applicant may divide an application into two or more parts, but none of them may entail a broadening of the invention or of the disclosure contained in the initial application. Each divisional application will benefit from the same filing date as the international application which entered the national phase. The amount of the fee for a divisional application is indicated in Annex CR.I.
CR.04 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CR.I.
CR.05 ANNUAL FEES
PL Art. 33bis, PR Art. 46.2
The annual fees to maintain the validity of the patent may be paid in advance for two or more annual periods. The fee payable for registration and issue of the certificate shall waive payment of the first annual fee. The second and subsequent annuities due from the filing date of the application until the date of grant of the patent shall be paid within a maximum period of two months from the date of grant. The due date of each annuity shall be the last day of the month of the anniversary of the filing date of the application. If payment is not made within the prescribed time limits, a period of grace of six months shall be granted for the payment of the annual fee, which shall be made simultaneously with the payment of the surcharge for payment within the grace period. The amounts of the annual fees are indicated in Annex CR.I.
CR.06 REPRESENTATION
PL Art. 34
If the applicant has neither a residence nor a principal place of business in Costa Rica, he shall be represented by a lawyer domiciled in Costa Rica.
CR.07 AMENDMENT OF THE APPLICATION
PL Art. 8.1
The applicant has the right, on his own initiative, to make amendments to the application provided that the scope of the application as filed is not broadened.
CR.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
CR.09 REVIEW UNDER ARTICLE 25 OF THE PCT
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.a

Annexes

Annex CR.I - Fees
Patents
Filing fee including formal examination 3
500 USD
Fee for divisional application 3
500 USD
Examination fee
525 USD
Registration fee 3
500 USD
Opposition fee
25 USD
Annual fees, from the 2nd to the 20th year 3
500 USD
Surcharge for payment within the grace period
30% of the annual fee
Fee for requesting extension of the patent term 3
150 USD
Fee for reinstatement of rights
144 USD
Fee for restoration of the right of priority
144 USD
Utility Models
Filing fee 3
75 USD
Fee for divisional application 3
75 USD
Examination fee
525 USD
Opposition fee
30 USD
How can payment of fees be effected?
All fees must be paid to the Bank of Costa Rica, Banco de Costa Rica, presenting evidence of the payment to the Registry together with the application
Forms
Please refer to the Office
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a The Office is competent only if the international search is or has been carried out by that Office or by the Spanish Patent and Trademark Office.
3 a b c d e f g h This fee is reduced by 70% where the international application has been filed by natural persons, micro or small enterprises, as defined in Law No. 8262 of Costa Rica, public institutions of higher education or public institutes for scientific or technology research. Together with the request for reduction of the fee, the applicant must provide, in addition to the proof of payment, the following documents: a sworn statement in which the applicant declares that he is entitled to the reduction, a copy of the identification card (“cédula de identidad”) in the case of a natural person or a copy of the corporation card (“cédula jurídica”) in the case of a legal person. To proceed with the registration of the transfer of rights to a third party which is not entitled to the reduction, the latter has to pay the remaining 70% of the fee that was not initially paid by the assignor. In addition, as from the date of transfer to a third party, the assignee has to pay the total amount of the annual fees due to maintain the validity of the patent.
4 a Refer to Regulations to the Law No. 6867 on Patents, Industrial Designs and Utility Models, Article 14.
5 a b c d This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
6 a Only if the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00