Patents Laws in Cuba
Cuba's patent system is governed by Decree Law No. 290/2011, which regulates the protection of inventions, utility models, industrial designs, and other industrial property rights.
๐ Patentability Criteria
In Cuba, an invention is patentable if it is:
Novel: Not part of the prior art.
Involves an inventive step: Not obvious to someone skilled in the field.
Industrially applicable: Capable of being used in some kind of industry.(HSM)
Certain inventions are excluded from patentability, including:
Discoveries, scientific theories, and mathematical methods.
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.
Diagnostic methods practiced on the human or animal body.
๐๏ธ Application Process
The patent application process in Cuba involves several steps:
Filing: Submit an application to the Cuban Office of Industrial Property (OCPI), including:
Applicant's name and address.
Description of the invention.
Claims defining the invention.
Abstract summarizing the invention.
Drawings, if applicable.
Power of Attorney, if filed by an agent.
Assignment documents from the inventors.
Spanish translations of all documents
Preliminary Examination: OCPI reviews the application for completeness and compliance with formal requirements.
Substantive Examination: OCPI assesses the patentability of the invention based on novelty, inventive step, and industrial applicability.
Grant and Publication: If the application meets all requirements, a patent is granted and published.
โณ Duration and Maintenance
Term: A patent in Cuba is valid for 20 years from the filing date.
Maintenance Fees: Annual fees are payable from the third year onwards.
The first and second annual fees are paid together with the filing fees.
Subsequent annual fees must be paid on the anniversary of the filing date.
A grace period of six months is allowed for late payment, with the prescribed amount doubled.(
โ๏ธ Rights Conferred
Upon grant, a patent confers the exclusive right to:
Make, use, sell, or distribute the patented invention.
Prevent others from exploiting the invention without consent.
These rights are enforceable within Cuba.
๐ International Considerations
Patent Cooperation Treaty (PCT): Cuba is a member of the PCT, allowing applicants to file international patent applications.
Paris Convention: Cuba is a member of the Paris Convention, enabling applicants to claim priority based on earlier filings in other member countries.
๐งพ Enforcement and Dispute Resolution
Patent holders can enforce their rights through civil proceedings in Cuban courts. Disputes may involve issues like patent infringement, validity, and entitlement. However, patent litigation is not common in Cuban courts, which may affect the enforceability of patent laws.
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