COSTA RICA Law and Practice Contributed by: Maricruz Villanea Villegas, Roberto Arguello, Edna Lopez and Leyla Harper-Dominique, IDEAS IP
1.3 Scope, Term and Maintenance of Patent Rights Rights Conferred by a Granted Patent A granted patent gives the owner the exclusive right to exploit the invention commercially, which includes manufacturing, using, selling, offering for sale, and importing the patented product or process. The owner can also licence these rights to third parties or assign the patent entirely. These rights are enforceable against any unauthorised use by third parties. For process patents, protection extends not only to the process itself but also to the products directly obtained by that process. Term of Protection The standard term is 20 years from the filing date, with no possibility of extension. Once the term expires, the invention falls into the public domain. Renewal and Maintenance Fees Annual maintenance fees are required to keep the patent in force. If payment is missed, a grace period applies. Under Article 33 bis, if fees remain unpaid after the grace period, formal notices are issued under Article 150 of the General Law of Public Administra- tion. Failure to pay triggers administrative and judicial debt collection. The patent does not automatically lapse – the state pursues owed fees through estab- lished channels. Supplementary Protection Certificates and Term Extensions Costa Rica does not have supplementary protection certificates. However, Article 17 of Law No 6867 pro- vides two term compensation mechanisms. First, if the Registry takes more than five years from filing (or three years from the substantive examination request, whichever is later) to grant the patent, the owner may request a one-day extension per day of Registry delay, capped at 18 months. Second, for pharmaceutical patents, if the Ministry of Health takes more than three years to approve first commercialisation, the owner may request equivalent compensation, also capped at 18 months, provided the remaining term does not exceed 12 years. In both cases, the request must be filed within three months of the grant or sanitary reg-
istration approval, and applicant-caused delays are excluded. 1.4 Ownership, Assignment and Licensing Entitlement to Apply and Own a Patent The right to a patent belongs primarily to the inventor. However, the application may be filed by the inventor, the inventor’s successor in title or any legal entity to whom the rights have been transferred. Joint inven- tions are owned jointly by all inventors unless other- wise agreed. Employee Inventions When an invention is made by an employee in the course of their employment, or using resources, infor- mation or means provided by the employer, the pat- ent belongs to the employer. The employee retains the right to be named as inventor. If the invention goes beyond what was reasonably expected from the employee’s duties and the employer nonetheless claims it, the employee is entitled to fair compensa- tion. These rules follow the general framework of Law No 6867. University and Educational Institution Inventions Costa Rican law does not have a specific statute equivalent to a Bayh-Dole-type regime for university inventions. In practice, public universities operate under their own internal regulations and organic laws, which typically assign ownership of inventions devel- oped with institutional resources to the university. Private universities handle this through employment and research contracts. There is no unified national framework specifically governing this area. Formal Requirements for Assignments and Licences Assignments and licences must be in writing. Under Article 3 of Law No 6867, every transfer or licence of a patent must be recorded before the Registry of Industrial Property. Without that recordal, the assign- ment or licence has no legal effect against third par- ties. For documents executed abroad, authentication or apostille is required before the Registry will accept them for recordal.
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