PCT Applicant's Guide Dominican Republic - Valid as from 1 Jul 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 1 July 2024

(published on 1 October 2024)

Summary of latest changes in this version
RO: RO fees

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 Nov 2023, 1 Jan 2024, 1 Mar 2024, 4 Apr 2024, Current Version

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Dec 2024.

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: National Office of Industrial Property (Dominican Republic)

IPL: Law No. 20-00 of May 8, 2000, on Industrial Property

RPL: Decree No. 599-01 of June 1, 2001, on the Establishment of the Regulations for the Implementation of Law No. 20-00 on Industrial Property

Res. 001/2011: Resolution No. 001-2011/DIR-ONAPI of August 26, 2011, on the Patent Cooperation Treaty (PCT)

Res. 003/2017: Resolution No. 003-2017/DIR-ONAPI of December 8, 2017, on the Conversion of an Invention Patent Application to a Request for Utility Model

List of currencies used in this document:

DOP (Dominican Peso), 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:

Dominican Republic

Two-letter code:

Name of Office:

National Office of Industrial Property (Dominican Republic)

Location:

Ave. Los Próceres No. 11
Los Jardines del Norte
Santo Domingo
Dominican Republic

Mailing address:

Same as above

Telephone:

(809) 567 74 74 (extensions 3451, 3454)

E-mail:

i.ramirez@onapi.gob.do
r.nunez@onapi.gob.do
l.castillo@onapi.gob.do

Website:

http://www.onapi.gob.do

Facsimile:

(809) 732 77 58

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

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes,

within 14 days from the date of the transmission

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)?

Yes, provided that the delivery service is:

DHL,

Federal Express,

INPOSDOM,

UPS

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)?

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

DO,

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 of invention,

Utility models

Payment methods accepted by the Office:

Bank transfer to the Reserve Bank of the Dominican Republic, Account Number: 102391041, National Treasury.

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 the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), 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?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Dominican Republic

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

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 notification by the Office, refer to the Official Notices (PCT Gazette) dated 20 October 2016, pages 205 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Yes

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

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

CL,

EP,

ES,

Competent International Preliminary Examining Authority:

CL,

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 or by the Spanish Patent and Trademark Office.

Fees payable to the RO:

Transmittal fee:

360 USD

International filing fee:

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

1,457 USD

Fee per sheet in excess of 30:

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

16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

219 USD

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

329 USD

Search fee:

Refer to
annex D(CL)
annex D(EP)
annex D(ES)
annex D(US)

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

— for the first 10 pages:

1,725 DOP

— for each additional page:

plus 12 DOP

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

19,835 DOP

Is an agent required by the receiving Office?

No, if the applicant resides in the Dominican Republic
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural or legal person resident in the Dominican Republic

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

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):

At the time of filing (must be in the description)

— any additional indications:

At the time of filing (must be in the description)

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 microorganism

Additional information

For further details, refer to Article 13 (3) and (4) of Law N0. 20-00 of 8 May 2000, on Industrial Property

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

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, the Office permits reinstatement under the “unintentional” and the “due care” criteria

Fee for reinstatement of rights

19,835 DOP

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

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Spanish

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, both as originally filed and as amended), 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?

Does the Office accept color drawings under its national law?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee:

— up to 30 sheets

13,225 DOP

— for each additional sheet

75 DOP

Utility models

Filing fee:

— up to 30 sheets

9,255 DOP

— for each additional sheet

75 DOP

Exemptions, reductions or refunds of fees:

The fees are reduced by up to 90% where the applicant is the inventor and he provides a declaration indicating that his economic situation prevents him from paying the full amount of the fees

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

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

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 two months from the date of receipt of the invitation.

Document evidencing a change of name of the applicant

Declaration as to the applicant’s entitlement to apply for and be granted a patent

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

Declaration as to the applicant’s entitlement to claim priority where the applicant is not the applicant who filed the earlier application

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

Translation of the international application to be furnished in two copies

Appointment of an agent if the applicant is not resident in the Dominican Republic

Power of attorney if an agent is appointed

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form and paper

Who can act as agent?

Any natural or legal person resident in the Dominican Republic

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

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

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

DO.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex DO.II). This form should preferably (but need not) be used.

DO.02 LANGUAGE OF PROCEEDINGS

The language of proceedings is Spanish.

DO.03 TRANSLATION (CORRECTION)

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).

DO.04 FEES (MANNER OF PAYMENT)

IPL Art. 11.3
The applicant must submit proof of payment of the national filing fee with the application. The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex DO.I.

DO.05 DIVISIONAL APPLICATIONS

IPL Art. 18, RPL Art. 12
In case of lack of unity of invention, the applicant may file divisional applications in respect of the additional inventions claimed in the international application. These will benefit from the same filing date as the international application provided that they do not go beyond the original disclosure. Filing fees are due for each divisional application (refer to Annex DO.I).

DO.06 POWER OF ATTORNEY

IPL Art. 148, RPL Art. 3
If the applicant does not reside in the Dominican Republic, an agent must be appointed by filing a power of attorney.

DO.07 PUBLICATION OF APPLICATIONS

IPL Art. 21, RPL Art. 74
All applications are published 18 months after the expiration of the filing date or the earliest priority date and this is subject to payment of a fee (refer to Annex DO.I).

DO.08 EXAMINATION

IPL Art. 22, RPL Art. 16
A patent may be granted only after examination as to substance which is subject to payment of a fee (Refer to Annex DO.I). The fee must be paid within 12 months after publication of the application by the Office. If the applicant fails to pay this fee within the prescribed time limit, the application shall be considered abandoned.

DO.09 GRANT OF PATENT

IPL Art. 24, RPL Art. 74
The grant of patent is published and this is subject to payment of a fee (refer to Annex DO.I).

DO.10 AMENDMENTS AND CORRECTION OF THE APPLICATION

PCT Art. 28, IPL Art. 149
The applicant may, at any time, make amendments or corrections to his application, provided that they do not go beyond the original disclosure. The amount of the fee for amendments or corrections is indicated in Annex DO.I.

DO.11 CONVERSION

IPL Art. 20, RPL Art. 74, Res. 003/2017
An international application for a patent may be converted into a utility model application and vice versa. A fee for requesting conversion is due (refer to Annex DO.I)

DO.12 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.

DO.13 REVIEW UNDER ARTICLE 25 OF THE PCT

The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

DO.14 ANNUAL FEES

IPL Art. 28, RPL Art. 22, Res. 001/2011, Sec. 6
Annual fees for patents are payable for the second and each subsequent year following the international filing date. The first annual fee must be paid at the latest before the first anniversary of the date of entry into the national phase. Subsequent payments must be made at the latest before the anniversary of the international filing date.

IPL Art. 53, RPL Art. 22
Annual fees for utility models are payable for the fifth to the tenth year and each subsequent year. The first annual fee must be paid at the latest on the fifth anniversary of the international filing date and a subsequent payment of annual fees must be made at the latest on the tenth anniversary of the international filing date.

Two or more annual fees may be paid in advance. Payment of annual fees may still be made within six months from the due date, subject to the payment of a surcharge. The amounts of these fees are indicated in Annex DO.I.

DO.15 REINSTATEMENT OF RIGHTS

PCT Rule 49.6, Res. 001/2011, Sec. 7, Sec. 8, Sec. 10
Reinstatement of rights may be requested where the delay in meeting the time limit referred to in Article 22 was unintentional or the applicant in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit, or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. Within the said two months, the omitted action must be completed and the fee for reinstatement of rights must be paid (refer to Annex DO.I).

DO.16 REQUEST FOR RESTORATION OF RIGHT OF PRIORITY

PCT Rule 49ter.2, Res. 001/2011, Sec. 7-9
Where the international application was filed within two months from the end of the period for claiming priority of an earlier application, a request for restoration of the right of priority may be made to the Office in accordance with the national law (refer to National Phase, paragraphs 6.006 to 6.011). For the request to be granted, the Office must be satisfied that the failure to file the application within the 12-month priority period was unintentional or occurred in spite of due care required by the circumstances. The time limit for filing the request is one month from the date of entry into the national phase. A declaration or other evidence in support of a request for restoration of the right of priority should accompany the request. A fee for restoration of the right of priority must be paid (refer to Annex DO.I).

Annexes

Annex DO.I - Fees

Fees are reduced by up to 90% where the applicant is the inventor and he provides a declaration indicating that his economic situation prevents him from paying the full amount of the fees.

Patents

Filing fee:

— up to 30 sheets

13,225 DOP

— for each additional sheet

75 DOP

Publication fee

3,965 DOP

Fee for priority claims

per priority 2,645 DOP

Examination fee

15,870 DOP

Fee for publication of grant of patent

5,290 DOP

Amendment fees:

— correction of the applicant or patentee details

3,965 DOP

— claims:

— for the 1^st claim

4,495 DOP

— for any additional claim

2,645 DOP

Fee for reinstatement of rights

19,835 DOP

Fee for restoration of the right of priority

19,835 DOP

Fee for conversion of patent application into application for utility model, and vice versa

4,630 DOP

Fee for divisional application

13,225 DOP

Registration fee:

— for a patent application not exceeding 30 pages

None

— for each additional page

75 DOP

Annual fees:

— for the 2^nd to the 4^th years

per year 6,610 DOP

— for the 5^th to the 9^th years

per year 10,580 DOP

— for the 10^th to the 15^th years

per year 13,225 DOP

— for the 16^th or more years

per year 15,870 DOP

Surcharge for late payment of annual fees (for each month or fraction thereof that the fee remains unpaid)

1,980 DOP

Utility models

Filing fee:

— up to 30 sheets

9,255 DOP

— for each additional sheet

75 DOP

Publication fee

3,965 DOP

Fee for priority claims

per priority 2,645 DOP

Examination fee

10,580 DOP

Fee for publication of grant of utility model

5,290 DOP

Amendment fees:

— correction of the applicant or patentee details

3,965 DOP

— claims:

— for the 1^st claim

4,495 DOP

— for any additional claim

2,645 DOP

Fee for divisional utility application

10,580 DOP

Registration fee:

— for a utility model application not exceeding 30 pages

None

— for each additional page

75 DOP

Annual fees:

— for the 5^th to the 10^th years

13,225 DOP

— for any additional year

15,870 DOP

Surcharge for late payment of annual fees (for each month or fraction thereof that the fee remains unpaid)

1,980 DOP

How can payment of fees be effected?

The payment of the fees has to be effected in Dominican peso. 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

Filing and maintenance fees should be paid by check, credit card or cash directly at the Office

Forms

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

Annex DO.II - Form for entry into the national phase

Processing

WIPO - PCT Applicant's Guide DO - Dominican Republic
National Office of Industrial Property (Dominican Republic)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide DO - Dominican Republic National Office of Industrial Property (Dominican Republic)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide DO - Dominican Republic
National Office of Industrial Property (Dominican Republic)