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WIPO - PCT Applicant's Guide CU - Cuba
Cuban Industrial Property Office

    参考情報

    PCT 出願人の手引は、国際事務局が受領する情報に基づきほぼ毎週更新される。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    略語のリスト
    Office: Cuban Industrial Property Office
    DL290/2011: Decree-Law No. 290, on Inventions and Industrial Designs and Models (of 20 November 2011)
    通貨のリスト
    CHF (Swiss franc), CUP (Cuban Peso)
    国及び官庁に関する情報
    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.
    官庁プロファイル
    For more technical information about the Office, refer to ePCT Office profile.
    PCT 留保、申立て、通知及び不適合
    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.
    官庁の閉庁日
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    国際段階

    附属書 B - 一般情報

    締約国
    Cuba
    2 文字コード
    CU
    官庁の名称
    Cuban Industrial Property Office
    所在地
    Calle Picota No. 15 entre Luz y Acosta
    La Habana Vieja
    La Habana 10100
    Cuba
    郵便のあて名
    Same as above
    電話番号
    (537) 862 43 79
    (537) 862 43 95
    (537) 866 05 57
    (537) 866 05 59
    電子メール
    ocpi@ocpi.cu
    ウェブサイト
    ファクシミリ
    (537) 866 56 10
    国内官庁はファクシミリ又は同様の手段による書類の提出を受理するか?(PCT 規則 92.4)
    いいえ
    郵政当局以外の配達サービスを利用した場合に亡失又は遅延があったとき書類を発送したことの証拠を受理するか?(PCT 規則 82.1)
    いいえ
    出願人が WIPO DAS から優先権書類を取得できるようにする用意があるか?(規則 17.1 (bの 2))
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    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
    当該国の国民又は居住者による国際出願のための管轄受理官庁
    CU,
    IB
    国内法令は、外国官庁への国際出願を制限しているか?
    Refer to the Office
    当該国の管轄指定 (又は選択) 官庁
    Refer to corresponding National Phase.
    CU
    PCT に基づき取得可能な保護の種類
    Patents,
    Utility models
    当該官庁が認める手数料の支払方法
    Refer to the Office
    国際型調査に関する国内法令の規定 (PCT 第 15 条)
    None
    国際公開に基づく仮保護
    None
    当該官庁が指定 (又は選択) 官庁である場合の参考情報
    発明者の氏名 (名称) 及びあて名を提示しなければならない時期
    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.
    微生物及びその他の生物材料の寄託に関する特別の規定が設けられているか?
    Yes, refer to Annex L.

    附属書 C - 受理官庁

    次の各国の国民及び居住者の管轄受理官庁
    Cuba
    国際出願の作成に用いることができる言語
    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
    配列表における言語依存フリーテキストのために認められる言語
    Same as above
    願書の提出に用いることができる言語
    Spanish
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    受理官庁は電子形式による国際出願を認めるか?
    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
    受理官庁は変換前の書類の提出を認めるか?認めるのであればどの形式か?(PCT 実施細則第 706 号)
    Yes, any format
    受理官庁は引用による補充を認めるか?(PCT 規則 20.6)
    いいえ
    受理官庁は非公式ベースでカラー図面の提出を認め、それを国際事務局に送付するか?
    はい
    受理官庁は優先権の回復請求を認めるか?(PCT 規則 26 の 2.3)
    いいえ
    管轄国際調査機関
    AT,
    BR,
    CL,
    EP,
    ES,
    RU
    管轄国際予備審査機関
    AT,
    BR,
    ES,
    RU

    CL
    The Office is competent only if the international search is or has been carried out by that Office.
    EP
    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:
    送付手数料
    2,400 CUP
    国際出願手数料
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in CUP of 1,330 CHF
    30 枚を超える 1 枚ごとの手数料
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in CUP of 15 CHF
    減額 (手数料表第 4 項に基づく)
    電子出願 (文字コード形式による願書)
    Equivalent in CUP of 200 CHF
    電子出願 (文字コード形式による願書、明細書、請求の範囲及び要約)
    Equivalent in CUP of 300 CHF
    調査手数料
    Refer to
    Annex D(AT)
    Annex D(BR)
    Annex D(CL)
    Annex D(EP)
    Annex D(ES)
    Annex D(RU)
    優先権書類の手数料 (PCT 規則 17.1 (b))
    2,400 CUP
    受理官庁は代理人を要求するか?
    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
    誰が代理人として行為できるか?
    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]
    委任状の提出要件の放棄
    受理官庁は、別個の委任状を提出する要件を放棄しているか?
    いいえ
    受理官庁は、包括委任状の写しを提出する要件を放棄しているか?
    いいえ

    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    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.

    国内段階

    国内段階移行するための要件の概要

    国内段階移行するための期間
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    国内官庁は権利回復を認めるか?(PCT 規則 49.6)
    Yes, the Office permits reinstatement of rights under the “due care" criterion.
    Fee for reinstatement
    7,200 CUP
    要求される国際出願の翻訳文の言語
    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
    要求される翻訳文
    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.
    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)
    特別な状況において国際出願の写しが要求されるか?
    いいえ
    国内官庁は国内法に基づきカラー図面を認めるか?
    Refer to the Office
    国内手数料
    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.
    Fees are reduced by 40% where the applicant is a natural person or a public university.
    Annual fees from the third annuity are reduced by 50% where the applicant is a natural person or a public university.
    特許
    Filing fee (including publication fee and the annual fee for the 1st and the 2nd years)
    11,040 CUP
    Utility models
    Filing fee (including publication fee and the annual fee for the 1st and the 2nd years)
    8,400 CUP
    国内手数料の免除、減額又は払戻し
    Fees are reduced by 40% where the applicant is a natural person or a public university.
    Annual fees from the third annuity are reduced by 50% where the applicant is a natural person or a public university.
    Fees are reduced by 1,200 CUP where applications are filed both on paper and in electronic form
    国内官庁の特別の要件 (PCT 規則 51 の 2)
    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.
    誰が代理人として行為できるか?
    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]
    国内官庁は受理官庁による優先権回復の効果を認めるか?(PCT 規則 49 の 3.1)
    いいえ
    国内官庁は優先権の回復請求を認めるか?(PCT 規則 49 の 3.2)
    いいえ

    国内段階の手続

    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 NP 6.002 and NP 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 NP 6.022 to NP 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

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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規則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.

    附属書

    Annex CU.I - Fees
    Fees are reduced by 40% where the applicant is a natural person or a public university.
    Annual fees from the third annuity are reduced by 50% where the applicant is a natural person or a public university.
    特許
    Filing fee (including publication fee and the annual fee for the 1st and the 2nd 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
    権利回復のための手数料
    7,200 CUP
    Fee for submission of divisional application
    8,400 CUP
    年金:
    第 3 年度
    4,800 CUP
    -第 4 年度
    6,000 CUP
    -第 5 年度
    7,200 CUP
    -第 6 年度
    8,400 CUP
    -第 7 年度
    9,600 CUP
    第 8 年度
    10,800 CUP
    -第 9 年度
    12,000 CUP
    -第 10 年度
    13,200 CUP
    -第 11 年度
    14,400 CUP
    -第 12 年度
    15,600 CUP
    -第 13 年度
    16,800 CUP
    第 14 年度
    18,000 CUP
    -第 15 年度
    19,200 CUP
    -第 16 年度
    21,600 CUP
    -第 17 年度
    24,000 CUP
    -第 18 年度
    26,400 CUP
    -第 19 年度
    28,800 CUP
    -第 20 年度
    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 1st and the 2nd 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
    年金:
    第 3 年度
    3,600 CUP
    -第 4 年度
    4,800 CUP
    -第 5 年度
    6,000 CUP
    -第 6 年度
    7,200 CUP
    -第 7 年度
    8,400 CUP
    第 8 年度
    9,600 CUP
    -第 9 年度
    10,800 CUP
    -第 10 年度
    12,000 CUP
    手数料の支払方法
    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 transfer.
    様式
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Current version applicable from 2025年3月7日 , printed on 2026年2月12日