Patents Laws in Costa Rica

27 May 2025 --
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Costa Rica's patent system is governed by Law No. 6867, known as the Law on Patents, Industrial Designs, and Utility Models, which was enacted on April 25, 1983, and amended by Law No. 8686 on November 21, 2008 . This law provides a comprehensive framework for the protection of inventions, utility models, and industrial designs in Costa Rica.(WIPO)

🏛️ Legal Framework

Law No. 6867: Establishes the legal provisions for the protection of patents, industrial designs, and utility models in Costa Rica.

Law No. 8686: Amends and adds various provisions to Law No. 6867, including adjustments to patentability criteria and procedural aspects.(WIPO)

🔍 Patentability Criteria

To be patentable in Costa Rica, an invention must meet the following criteria:

Novelty: The invention must be new and not part of the prior art.(theexpatdatabase.com)

Inventive Step: It must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.

Industrial Applicability: The invention must be capable of being used in some kind of industry.

Certain subject matters are excluded from patentability, such as:

Scientific theories and mathematical methods.(Wikipedia)

Schemes, rules, or methods for doing business, performing purely mental acts, or playing games.

Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

Plant varieties and animal breeds, as well as essentially biological processes for the production of plants or animals.

📝 Patent Application Process

The process for obtaining a patent in Costa Rica involves the following steps:

Filing an Application: Submit a patent application to the Industrial Property Registry under the Ministry of Justice.(theexpatdatabase.com)

Required Documents: The application must include:(WIPO PCT Legal)

A detailed description of the invention.

One or more claims defining the scope of protection.(HSM)

Any drawings referred to in the description or claims.(HSM)

An abstract summarizing the invention.(HSM)

Applicant’s name, address, and nationality.(HSM)

A notarized Power of Attorney.

A certified copy of the priority document, if priority is claimed.(HSM)

Spanish translations of all documents .(HSM)

Examination: The application undergoes a formal examination to ensure compliance with legal requirements.

Granting of Patent: If the application meets all requirements, a patent is granted, and the applicant receives a Certificate of Registration.(HSM)

📅 Duration and Maintenance

Term: Patents are granted for a period of 20 years from the filing date .

Annuity Payments: Annual maintenance fees are required to keep the patent in force.

Late Payment: A grace period of six months is allowed for late payment of annuities, subject to a surcharge .(HSM)

Extensions: Patent term extensions may be available under specific conditions, such as delays in granting or regulatory approval .(DrugPatentWatch)