正在处理

请稍候...

WIPO - PCT Applicant's Guide CU - 古巴
古巴工业产权局

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Cuban Industrial Property Office
    DL290/2011: Decree-Law No. 290, on Inventions and Industrial Designs and Models (of 20 November 2011)
    [MT] 本文档中使用的货币列表 :
    CHF (瑞士法郎), CUP (Cuban Peso)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    条约 64(5),
    细则 20.8(a),
    细则 20.8(a-bis),
    细则 20.8(b),
    细则 20.8(b-bis),
    细则 26bis.3(j),
    细则 49ter.1(g),
    细则 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.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    古巴
    [MT] 两个字母代码 :
    CU
    [MT] 办公室名称:
    古巴工业产权局
    [MT] 地点:
    Calle Picota No. 15 entre Luz y Acosta
    La Habana Vieja
    La Habana 10100
    Cuba
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话:
    (537) 862 43 79
    (537) 862 43 95
    (537) 866 05 57
    (537) 866 05 59
    [MT] 电子邮件:
    ocpi@ocpi.cu
    [MT] 网站地图
    [MT] 传真:
    (537) 866 56 10
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    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
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    CU,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    CU
    [MT] 通过PCT 提供的保护类型:
    Patents,
    Utility models
    [MT] 办公室接受的付款方式:
    Refer to the Office
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    None
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    古巴
    [MT] 国际申请可用语言提交:
    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
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    Same as above
    [MT] 请求书可用语言提交:
    Spanish
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    是的
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    [MT] 国际主管查询机关 :
    AT,
    BR,
    CL,
    EP,
    ES,
    RU
    [MT] 国际初步审查主管机关 :
    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:
    [MT] 传输费用 :
    2,400 CUP
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in CUP of 1,330 CHF
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in CUP of 15 CHF
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    Equivalent in CUP of 200 CHF
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    Equivalent in CUP of 300 CHF
    [MT] 搜索费用:
    Refer to
    Annex D(AT)
    Annex D(BR)
    Annex D(CL)
    Annex D(EP)
    Annex D(ES)
    Annex D(RU)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    2,400 CUP
    [MT] 接受局是否要求代理人?
    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
    [MT] 谁可以担任代理人?
    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]
    [MT] 委托书的放弃:
    [MT] 办公室是否已放弃提交单独授权书的要求?
    [MT] 办公室是否已放弃提交一般授权书副本的要求?

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    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)
    [MT] 任何其他说明:
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the biological material
    [MT] 其他资料
    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.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “due care" criterion.
    Fee for reinstatement
    7,200 CUP
    [MT] 国际申请必须翻译成以下语言之一:
    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
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    [MT] 局是否根据其国家法律 接受彩色图纸?
    Refer to the Office
    [MT] 国家费用 :
    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.
    [MT] 专利
    [MT] 申请费(包括公布费和第一年及第二年的年费)
    11,040 CUP
    [MT] 实用新型
    [MT] 申请费(包括公布费和第一年及第二年的年费)
    8,400 CUP
    [MT] 免除、减少或退还费用:
    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
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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.
    [MT] 谁可以担任代理人?
    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]
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?

    [MT] 国家阶段的程序

    [MT] CU.01 翻译(更正)
    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).
    [MT] CU.02 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CU.I.
    [MT] 代理人委托书
    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.
    [MT] CU.04 转让文书
    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.
    [MT] CU.06 分部申请
    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.
    [MT] CU.07 年费
    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.
    [MT] CU.08 申请书的修改;时限
    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.
    [MT] CU.09 会议时间限制延误的理由
    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.
    [MT] 根据《专利法》第25条进行复审

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase.
    [MT] CU.11 上诉
    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.
    [MT] CU.12 实用新型
    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.
    [MT] CU.13 恢复权利
    DL290/2011 123,
    DL290/2011 124,

    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.
    [MT] CU.14 转换
    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.

    [MT] 附件 1

    [MT] 附件CU.I - 收费
    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.
    [MT] 专利
    [MT] 申请费(包括公布费和第一年及第二年的年费)
    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
    [MT] 申请书以纸质和电子形式提交的
    reduced by 1,200 CUP
    [MT] 索赔费用:
    [MT] 对于超过一项的每一项非重叠索赔
    1,920 CUP
    [MT] 对每一项多重依附索赔
    2,400 CUP
    [MT] 每组最多10件相关索赔
    1,920 CUP
    [MT] 30页以上每页费用
    120 CUP
    [MT] 修改或修改费
    2,400 CUP
    [MT] 补助金费
    4,800 CUP
    [MT] 要求优先权的费用, 每个优先权
    1,200 CUP
    [MT] 应办公室邀请出席会议的费用
    2,040 CUP
    [MT] 延长答复办公室邀请的时间的费用
    1,680 CUP
    [MT] 转换费
    3,600 CUP
    [MT] 上诉费
    4,800 CUP
    [MT] 恢复原状费
    7,200 CUP
    [MT] 提交分割申请的费用
    8,400 CUP
    [MT] 年费:
    [MT] 第三年
    4,800 CUP
    [MT] 为第四年
    6,000 CUP
    [MT] 为第五年
    7,200 CUP
    [MT] 为第六年
    8,400 CUP
    [MT] 为第7年
    9,600 CUP
    [MT] 为第8年
    10,800 CUP
    [MT] 为第9年
    12,000 CUP
    [MT] - 第十年
    13,200 CUP
    [MT] 为第11年
    14,400 CUP
    [MT] 12年的
    15,600 CUP
    [MT] 为第13年
    16,800 CUP
    [MT] 为第14年
    18,000 CUP
    [MT] - 第15年
    19,200 CUP
    [MT] 为第16年
    21,600 CUP
    [MT] 为第17年
    24,000 CUP
    [MT] 为第18年
    26,400 CUP
    [MT] 为第19年
    28,800 CUP
    [MT] 第二十年
    31,200 CUP
    [MT] — 六个月宽限期内的逾期付款费
    double of the corresponding fee
    [MT] 实用新型
    [MT] 申请费(包括公布费和第一年及第二年的年费)
    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
    [MT] 申请书以纸质和电子形式提交的
    reduced by 1,200 CUP
    [MT] 补助金费
    3,600 CUP
    [MT] 提交分割申请的费用
    The first and second annuities are not included.
    5,760 CUP
    [MT] 每组最多5件索赔
    1,920 CUP
    [MT] 30页以上每页费用
    120 CUP
    [MT] 年费:
    [MT] 第三年
    3,600 CUP
    [MT] 为第四年
    4,800 CUP
    [MT] 为第五年
    6,000 CUP
    [MT] 为第六年
    7,200 CUP
    [MT] 为第7年
    8,400 CUP
    [MT] 为第8年
    9,600 CUP
    [MT] 为第9年
    10,800 CUP
    [MT] - 第十年
    12,000 CUP
    [MT] 如何支付费用?
    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.
    [MT] 表格
    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14日