Patents of Invention, Models and Industrial Designs and Utility Models:

An invention is every creation of the human intellect as long as it is applicable to the industry.  It must also accomplish the requirements of patentability.  It can be a product, a machine, a tool or a procedure of manufacture.  It will be protected if it:  1) is new; 2) has novelty; and 3) has industrial application.

The following are not considered inventions in Costa Rica: discoveries, scientific theories, mathematic methods and computer programs considered in an isolate way, creations absolutely esthetic, literary and artistic works, plans, principles or economic methods of publicity or of business and those related absolutely to mental and intellectual activities or games, the juxtaposition of known inventions or mixtures of known products, their variation of form or use, dimensions or materials at least they are a combination or a merger in which they can not function separately or that qualities of characteristic functions are modified to obtain a non obvious industrial result for a specialized technician in the field.

Our law excludes of patentability those inventions which commercial exploitation attends to the public order, morals, health or life of the people or animals or to preserve vegetables or to avoid important damages to the environment; the diagnostic, therapeutic and surgical methods for the treatment of people or animals; plants and animals; and the essentially biological proceedings for producing plants or animals.

The right of the patent belongs to the inventor.  This right can be assigned by inter vivos acts  or mortis causa.  In Costa Rica, the patent has a protection from its application.  It comprises the period from the publication date of the application to the grant date of the patent.  The patent will grant the holder an exclusive right of exploitation.  The holder can grant licenses to third parties for the exploitation of the patent.  Once a patent is granted, the holder has the responsibility to exploit it in a permanent and stable way in Costa Rica.  He must do it within the three years starting from the date of grant of the patent or counted from the application date.  Its exploitation can not be suspended for more than a year.

The holder of the patent must notify the beginning of the exploitation in Costa Rica through an affidavit duly legalized and authenticated by the Costa Rica Consul.  This document must be filed to the Industrial Property Registry.  The patent protection in Costa Rica is for a period twenty unextendible years counted from the filing date of the application in its country of origin. 

Patent of Invention, Drawings and Utility Models Law establishes that annuities must be paid for patents of invention, utility models and drawings and industrial models; however, it was declared unconstitutional; and subsections related to annuity payments were deleted by Act No.2134-95. These subsections were considered unconstitutional since the process followed to create the official fees violated the principle of legal reserve.

On the other hand, an industrial design is a group of lines or colors, and an industrial model is every plastic form matched or not for lines or colors.  This group of lines or colors must give a special appearance to the industrial product or of craftwork.  Every new disposition of form obtained or introduced in tools, instruments for work or known utensils will be considered utility models.  They must allow a better function or a special function for their use.  Industrial models that are against or attempt to the public order, morals and good manners will not be registered in Costa Rica. The right of a drawing or model belongs to the inventor (s).  The registration of a drawing or a model will have a protection of ten years in Costa Rica.