Foreign Filing Procedures

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1 Foreign Filing Procedures COSTA RICA 1) Country name: Costa Rica 2) What is language of filing? Spanish only 3) Is this country a member of PCT and/or convention country (yes/no)? Yes 4) National phase: a. What is the time period for entering the national phase (30/31 months)? 31 months b. Is there any extension of time allowed for entering the national phase (yes/no)? No c. How many months extension is allowed? N/A d. How much extra fee has to be paid for the extension? N/A 5) Types of patents allowed: a. What are the different types of patents allowed and the specific terminology used (e.g., design, utility model, petty patent, etc.)? Patent of Invention, utility model and industrial design. b. What is the time required for grant for each type of patent? months for patents of invention and utility models; months for industrial designs. c. What is the term (period of protection) for each type of patent? 20 (patent of invention) and 10 (utility models and industrial designs) d. For utility models: i. What type of claims are allowed (e.g., process/product/device)? Product/device. ii. How many claims are allowed? Indefinite. 6) What is non-patentable subject matter? Give a list.

2 (a) inventions, the use of which would necessarily need to be stopped to protect public order, morality, people or animals' health or to avoid severe environmental damage; (b) therapeutical, diagnostic, or surgical methods applicable to the treatment of humans or animals; (c) plants and animals, except microorganisms not found in nature; (d) essentially biological processes for the production of plants or animals, except for non-biological or microbiological processes; and (e) in general, inventions lacking novelty or those that do not substantially modify a prior invention. 7) Documents for filing: a. What documents are required at the time of filing? Give a list with time limits for submission. (a) Power of Attorney; requires notarization under the laws of the country of execution (i.e. India). (b) If inventor is not the applicant, Assignment Document; requires apostille under the Hague Convention or legalization by the nearest Costa Rican Consulate. (c) Translation into Spanish of any documents written in a foreign language; namely the description, drawings, claims and abstract. b. What is the late filing fee? US$120 (service fee) c. Can scanned copies be submitted or originals are required? The PoA and Assignment must be original. d. What are the specific requirements for documents (size, paper, margin, etc.)? None in particular. Letter-sized sheets of paper preferred. e. What are the specific requirements for drawing (size, paper, margin, etc.)? None in particular. f. How many claims are allowed in the fixed government fee? Indefinite. g. What is the fee for each extra claim? N/A

3 h. Is there any requirement for legalization/notarization of documents? Yes, the Power of Attorney requires notarization under the laws of the country of execution. The assignment requires consular legalization or, preferably, apostille under the Hague Convention. i. Is there any requirement for submitting prior art search documents? No. j. Is a foreign filing license required to be submitted? No. 8) Translation: a. Which specific documents have to be translated (e.g. full specification, only claims)? Claims, description, drawings, abstract. b. Is it is essential to submit the translation at the time of filing or part of translation (yes/no)? No. c. If no, what is the time period of submission of translation? 15 working days as of the filing date. d. Is there any extension allowed for submitting translation? If yes, what is the extra fee, if any? N/A 9) Missing documents: a. What is the period for submitting missing documents? In general, 15 working days as of the filing date. The PoA and the Assignment (if required) within 3 months as of the filing date. b. Is there any extension allowed for late submission of documents. Due to the difficulty of obtaining the apostilled/legalized Assignment, the Patent Office in practice allows an extra time frame to submit said document in addition to the standard 3 months. c. What is the fee, if any, for late submission of documents? US$120 (service fee) 10) Amendments: a. Are amendments allowed or no? Yes b. What is the time period for submission of amendments? Before examination

4 c. What is the fee, if any for submission of amendments? No official fee, attorney time billed at the rate of US$150/hr. 11) Publication: a. What is time period for publication of application? Approx. 1-3 months after the filing date. b. What is the fee, if any for publication? US$125 approx. (already included in the filing invoice) c. Can a request for early publication be made (yes/no)? If yes, what is the fee, time and procedure? N/A d. Can a request for non publication be made (yes/no)? If yes, what is the fee, time and procedure? No. 12) Examination: a. A request has to be filed for examination, or is it automatic? Automatic. The Office issues an invoice inviting the applicant to pay the fee. b. What is the time period for filing request for examination? N/A c. What is the fee for filing request for examination? $600 for patents of invention and utility models; $465 for designs. d. Is there any pre-condition for filing a request for examination (e.g. availability of search report in EPO)? No. e. Can the time period for filing request for examination be extended? If yes, for how much time, and how much extra fee, if any? No. f. What is the present backlog in receiving First Examination Report? 18 to 24-months. 13) Early/Accelerated examination: a. Is early/accelerated examination allowed (yes/no)? No. b. What is the time period for requesting early/accelerated examination? N/A c. What is the fee, if any, for requesting early/accelerated examination? N/A d. Is there any other pre-condition for requesting early/accelerated examination? N/A 14) Office action:

5 a. What is the time period for replying to office actions? 15 working days. b. Is there any extension of time allowed for replying to office actions? No. c. What is the fee, if any, for extension of time for replying to office actions? N/A d. What are the provisions for Request for Continued Examination (RCE)? N/A 15) Pre-grant opposition (or third party observation): a. Is there any pre-grant opposition (yes/no)? Yes. b. Who can file a pre-grant opposition? Any party with a legitimate interest. c. What is the time period for filing pre-grant opposition? 3 months. d. What is the fee for filing pre-grant opposition? US$25. e. What are the conditions for filing pre-grant opposition? Filing evidence and paying the fee. 16) Grant: a. Is there notice of allowance of patent (yes/no)? Yes. b. Is there any publication of grant (yes/no)? Yes. c. What is the issue/publication fee, if any? $500/$125 + service fee d. What is the time period for handing over certificate? 24-36months. e. Plaque. The Office issues a certificate. 17) Maintenance of patent: a. When does the time start for maintenance of patent (before/after grant)? After grant. b. What is the frequency for payment of maintenance fee? Yearly, but 2 or more annuities may be paid in advance. c. What is the maintenance fee every year, for the full term of the patent? $500 per year. d. Is there any requirement for statement of working which needs to be submitted annually/on demand? No. 18) Rights of patentee:

6 a. From when do the rights of patentee accrue? Protection is assured from the date of filing of the application or the applicable priority date but it does not become effective until the patent is granted. b. From when can the patentee file infringement proceeding? Prior to grant, but enforcement of a judgment shall be deferred until grant. 19) Compulsory license: a. What are the provisions for compulsory license? If the invention is not worked, it must be licensed; public utility licenses when national emergencies, security interest or public reasons so demand. b. Who can apply for compulsory license? Government or any party with a legitimate interest. c. What is the time period for applying for compulsory license? For the government, during the entire lifetime of the patent. For third parties claiming lack of working, 3 years after grant or 4 years after the filing date, whichever is the longest. d. What is the fee for applying for compulsory license? N/A e. What are the conditions for grant of compulsory license? See 19.a above. Either lack of working 3 years after grant or 4 years after the filing date or being sanction for anti-trust violations. f. When and how can an opposition to the grant of compulsory license be filed? It can always be challenged, based on the general principles of due process of law. 20) Post-grant opposition: a. What are the provisions for post-grant opposition? N/A b. Who can file a post-grant opposition? c. What is the fee for filing post-grant opposition? N/A 21) Revocation: a. What are the provisions for revocation? Nullity/caducity is available. b. Who can file revocation proceedings? Any party with a legitimate interest or ex officio by the Office.

7 c. When can revocation proceedings be filed? At any time during the lifetime of the patent. d. What is the fee for filing revocation proceedings? N/A

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