PCT Applicant's Guide Cuba - Valid as from 16 Apr 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 16 April 2024

(published on 6 September 2024)

Summary of latest changes in this version
Summary of requirements for entry into the national phase: Translation, Translation for national phase entry, Special requirements
Annexes: Divers

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Jan 2024, Current Version

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: Cuban Industrial Property Office

DL290/2011: Decree-Law No. 290, on Inventions and Industrial Designs and Models (of 20 November 2011)

List of currencies used in this document:

CHF (Swiss franc), CUP (Cuban Peso)

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

Article 64(5), Rule 20.8(a), Rule 20.8(a-bis), Rule 20.8(b) , Rule 20.8(b-bis), Rule 26bis.3(j), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.

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:

Cuba

Two-letter code:

Name of Office:

Cuban Industrial Property Office

Location:

Calle Picota No. 15 entre Luz y Acosta
La Habana Vieja
La Habana 10100
Cuba

Mailing address:

Same as above

Telephone:

(537) 862 43 79
(537) 862 43 95
(537) 866 05 57
(537) 866 05 59

E-mail:

ocpi@ocpi.cu

Website:

http://www.ocpi.cu

Facsimile:

(537) 866 56 10

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

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)?

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)?

For applications filed with the Office on or after 1 January 2024.

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

CU,

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.

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:

None

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), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Cuba

Language in which international applications may be filed:

Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3).

Spanish

Language accepted for language-dependent free text in the sequence listing:

Same as above

Language in which the request may be filed:

Spanish

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

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 RO”).

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.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 28 January 2016, pages 28 et seq. and 1 September 2022, pages 239 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Competent International Searching Authority:

AT,

BR,

CL,

EP,

ES,

Competent International Preliminary Examining Authority:

AT,

BR,

ES,

The Office is competent only if the international search is or has been carried out by that Office.

The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Spanish Patent and Trademark Office.

Fees payable to the RO:

Transmittal fee:

2,400 CUP

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in CUP of 1,330 CHF

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in CUP of 15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in CUP of 200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

Equivalent in CUP of 300 CHF

Search fee:

Refer to
Annex D(AT)
Annex D(BR)
Annex D(CL)
Annex D(EP)
Annex D(ES)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

2,400 CUP

Is an agent required by the receiving Office?

No, if the applicant resides in Cuba
Yes, if the applicant does not have a domicile or a real and effective industrial or commercial establishment in Cuba

Who can act as agent?

Any person authorized to practice before the Office. The names and professional addresses of the persons who can act as agents are published in the Official Gazette [Boletín Oficial de la Oficina]

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

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

The name of the depositary institution, the date of the deposit and the accession number at the time of filing (as part of the application)

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the biological material

Additional information

The certificate of deposit must be submitted within 16 months from the date of filing of the application or, if applicable, the date of the priority claim.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

If not already furnished within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of 60 days. If the translation of the amended application is not furnished, the Office will proceed on the basis of the translation of the application as originally filed. If the translation of the application as originally filed is not furnished, the application will be considered abandoned.

Spanish

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, 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, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

The Office may also require payment of the third annual fee at the time of filing, depending on the date of entry into the national phase.

Patents

Filing fee (including publication fee and the annual fee for the 1^st and the 2^nd years)

11,040 CUP

Utility models

Filing fee (including publication fee and the annual fee for the 1^st and the 2^nd years)

8,400 CUP

Exemptions, reductions or refunds of fees:

Fees are reduced by 1,200 CUP where applications are filed both on paper and in electronic form

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 Office will invite the applicant to comply with the requirement within a time limit of 60 days subject to the payment of the applicable fee. Before the expiration of that period, the applicant may request another extension of 30 days subject to the payment of the applicable fee.

Instrument of assignment or transfer where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment of the priority right where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant does not have a domicile or a real or effective industrial or commercial establishment in Cuba

Evidence concerning non-prejudicial disclosures or exceptions to lack of novelty, such as disclosures resulting from abuse and disclosures by the applicant in official or officially recognized exhibitions

Documents relative to official or officially recognized exhibitions must be submitted to the Office within a non-extendable period of three months from the date of entry into the national phase.

Verification and translation of the international application to be furnished in two copies

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form and paper and a declaration that the sequences are identical in both formats

The documents must be submitted to the Office within 16 months from the date of filing of the application or, if applicable, from the date of the priority claim.

Who can act as agent?

Any person authorized to practice before the Office. The names and professional addresses of the persons who can act as agents are published in the Official Gazette [Boletín Oficial de la Oficina]

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

CU.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

CU.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CU.I.

CU.03 POWER OF ATTORNEY

DL290/2011 15
An agent authorized to practice before the Office must be appointed by filing a power of attorney if the applicant does not have a domicile or a real and effective industrial and commercial establishment in Cuba. A model is given in Annex CU.II.

CU.04 ASSIGNMENT DEED

DL290/2011 8
For details, refer to the model in Annex CU.III. If the applicant has obtained the right to file the international application through one or more other persons and not directly from the inventor, an assignment deed linking the inventor and the applicant must be presented. This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

CU.05

Where the priority of an earlier application is claimed and the applicant is not the same as the applicant of the original application, a copy of the instrument granting the right to claim the priority of the earlier application to the current applicant must be submitted. This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

CU.06 DIVISIONAL APPLICATIONS

DL290/2011 20.2
Where an application is divided, either at the request of the applicant or at the request of the Office, it will benefit from the same filing date and any applicable priority date as the international application which entered the national phase.

DL290/2011 32
The division of an application at the request of the applicant must be submitted within six months from the date of entry into the national phase in Cuba. The division of an application at the request of the Office must be submitted within 60 days from the date of the notification of the requirement by the Office. The amount of the fee for a divisional application is indicated in Annex CU.I.

CU.07 ANNUAL FEES

DL290/2011 42, DL290/2011 43
Annual fees are payable from the international filing date and must be paid within 30 months from the priority date, regardless of whether or not preliminary examination has been carried out. Annual fees must be paid before the beginning of the year of validity. A period of grace of six months will be allowed for the payment of an expired annual fee, but the prescribed amount thereof will then be doubled. For the amount of these fees, refer to Annex CU.I.

CU.08 AMENDMENT OF THE APPLICATION; TIME LIMITS

DL290/2011 131, DL290/2011 132, DL290/2011 133, DL290/2011 134
The applicant may, before grant, request rectification of errors of form. A request for rectification of errors of substance can only be made by the applicant before publication, provided that such rectification does not go beyond the content of the application as originally filed. Any holder of a patent or utility model may request the inclusion of any amendment to his title of protection provided the documents that legally justify it are furnished. The amount of the fee payable for such amendment is indicated in Annex CU.I.

CU.09 EXCUSE OF DELAYS IN MEETINGS TIME LIMITS

DL290/2011 32, DL290/2011 36
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where an official notice is not complied with within 60 days the application will be considered abandoned unless the applicant requests in writing an extension of 30 days and pays the corresponding fee. The amount of the extension fee is indicated in Annex CU.I.

CU.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

CU.11 APPEALS

DL290/2011 39, DL290/2011 40, DL290/2011 41
After substantive examination, a decision is issued by the Chief of the Technical Department, granting, granting in part or denying the application. In case of non-conformity, applicants may file an appeal with the Director of the Office, within 30 days from the date of the notification of said decision, upon payment of the corresponding fee. The amount of the appeal fee is indicated in Annex CU.I.

DL290/2011 119
Applicants may file an appeal before the Provincial Tribunal of the City of Havana against the decision of the Director of the Office within 30 days from the date of the notification of said decision.

CU.12 UTILITY MODEL

Subject to paragraph CU.14, if the applicant wishes to obtain a utility model instead of a patent in Cuba, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office. The fees relating to utility models are indicated in Annex CU.I.

CU.13 REINSTATEMENT OF RIGHTS

DL290/2011 123, DL290/2011 124, PCT Rule 49.6
Reinstatement of rights may be requested where the applicant failed to perform the acts referred to in Article 22 to enter the national phase within the applicable time limit if the failure to meet that time limit occurred in spite of due care required by the circumstances. Reinstatement of rights may also be requested where the applicant failed to observe a time limit set by the Office in spite of due care, which is prejudicial to his rights. A request for reinstatement must be presented in writing within 60 days from the removal of the cause of the failure to observe the time limit or 12 months from the date of expiration of the applicable time limit. The omitted action must be completed within the applicable time limit, the request must state the facts which justify the reinstatement and set out the facts on which it relies, and the fee for reinstatement of rights (refer to Annex CU.I) must be paid.

D342/2018 78
Reinstatement of rights is excluded where the applicant failed to observe the following time limits:

a) to request reinstatement;

b) the priority period;

c) to provide documents relating to non-prejudicial disclosures at official or officially-recognized international exhibitions and

d) to file oppositions.

CU.14 CONVERSION

DL290/2011 83
During the processing of the international application, the applicant has the right to convert his application for a patent into an application for a utility model or vice versa within 12 months after entering the national phase, upon payment of the prescribed fee. The amount of the fee for conversion is indicated in Annex CU.I.

D342/2018 31.3
The conversion of the form of protection as requested by the Office must be submitted within 60 days from the date of the notification of the requirement by the Office.

Annexes

Annex CU.I - Fees

Patents

Filing fee (including publication fee and the annual fee for the 1^st and the 2^nd years)

The Office may also require payment of the third annual fee at the time of filing, depending on the date of entry into the national phase.

11,040 CUP

— where the application is filed both on paper and in electronic form

reduced by 1,200 CUP

Claim fee:

— for each independent claim in excess of one

1,920 CUP

— for each multiple dependent claim

2,400 CUP

— for each group up to ten dependent claims

1,920 CUP

Fee for each page in excess of 30

120 CUP

Fee for amendment or modification

2,400 CUP

Fee for grant

4,800 CUP

Fee for claiming priority, per priority

1,200 CUP

Fee to respond to an invitation from the Office

2,040 CUP

Fee for extension of time to respond to an invitation from the Office

1,680 CUP

Fee for conversion

3,600 CUP

Fee for appeal

4,800 CUP

Fee for reinstatement

7,200 CUP

Fee for submission of divisional application

8,400 CUP

Annual fees:

— for the 3^rd year

4,800 CUP

— for the 4^th year

6,000 CUP

— for the 5^th year

7,200 CUP

— for the 6^th year

8,400 CUP

— for the 7^th year

9,600 CUP

— for the 8^th year

10,800 CUP

— for the 9^th year

12,000 CUP

— for the 10^th year

13,200 CUP

— for the 11^th year

14,400 CUP

— for the 12^th year

15,600 CUP

— for the 13^th year

16,800 CUP

— for the 14^th year

18,000 CUP

— for the 15^th year

19,200 CUP

— for the 16^th year

21,600 CUP

— for the 17^th year

24,000 CUP

— for the 18^th year

26,400 CUP

— for the 19^th year

28,800 CUP

— for the 20^th year

31,200 CUP

— late payment fee in period of grace of six months

double of the corresponding fee

Utility models

Filing fee (including publication fee and the annual fee for the 1^st and the 2^nd years)

The Office may also require payment of the third annual fee at the time of filing, depending on the date of entry into the national phase.

8,400 CUP

— where the application is filed both on paper and in electronic form

reduced by 1,200 CUP

Fee for grant

3,600 CUP

Fee for submission of divisional application

The first and second annuities are not included.

5,760 CUP

— for each group of up to five claims

1,920 CUP

Fee for each page in excess of 30

120 CUP

Annual fees:

— for the 3^rd year

3,600 CUP

— for the 4^th year

4,800 CUP

— for the 5^th year

6,000 CUP

— for the 6^th year

7,200 CUP

— for the 7^th year

8,400 CUP

— for the 8^th year

9,600 CUP

— for the 9^th year

10,800 CUP

— for the 10^th year

12,000 CUP

How can payment of fees be effected?

The payment of fees must be effected in Cuban pesos. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid. All fees must be paid to the Office, either by check or in cash.

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex CU.II - Power of attorney

Annex CU.III - Deed of assignment

Change(s) as of 16 April 2024 (Highlighted in blue for easy reference. Mouse hover the text to consult previous value)