Patents: Nicaragua

General Information

International Agreements : Paris Convention & Patent Cooperation Treaty (PCT)

Patent Types : Product, Process and Use Patents, Utility Models & Designs.

Novelty Requirements : In order to be granted a patent, an invention must meet the following cumulative criteria of validity: 

  • It must be novel. An invention is considered novel if it does not form part of the state of the art. The state of the art comprises anything made available to the public by any means in Nicaragua or abroad before the date of filing of the patent application. To the effect of determining novelty, the state of the art shall also comprise the contents of any other patent application with a filing or priority date prior to the application being considered. 
  • It must involve an inventive step. An inventive step is considered to be present if, having regard to the state of the art, the invention is not obvious or evident to a person skilled in the art. 
  • It must be susceptible of an industrial application. It is considered that an invention is susceptible of an industrial application, if its object can be used in any industrial application or productive activity. The term industry is to be interpreted widely.

Claiming priority : Yes - The priority document may be submitted within 4 months of the end of the priority claimed. No Consular legalization is required for the priority document.

Examination : The applicant shall pay the fee for the substantive examination within six months of the publication date.

Protection Period : 20 years from the application date.

Publication : The application will be published 18 months after the application date, or, if applicable, 18 months from the priority date. Upon written application by the applicant, the application may be published before 18 months.

Annuity Payments : Annually

Deadlines for payment : The deadline for payment of an annuity is the anniversary of the application date.

Grace period for payments : Yes.

Compulsory Licensing : Yes - For reasons of public interest, national emergency, or to remedy an anticompetitive practice.

Working or nominal working of Patents/Inventions : None (for patent applications filed after September 25, 2000).

 

Filing Requirements

Patent Filing Requirements

  1. Name and address of applicant
  2. A description of the invention and one or more claims in any language. 
  3. Power of Attorney legalized up to a Nicaraguan Consul. (must then be submitted 
    within four months of the application date).

If an application is filed with only the above information, the PTO will serve a notice to request additional information. Once the notice has been served, the applicant will have two months to amend the application to reflect full requirements, which are:

  1. Name, address, country of nationality, and any other relevant information about the 
    inventors.
  2. A description of the invention and one or more claims in Spanish.
  3. Technical drawings when applicable.
  4. Technical abstract. 
  5. If applicable, proof that the biological material object of the invention has been deposited at a recognized institution.
  6. Priority document if Convention priority is claimed. The priority document may be submitted within four months of the priority date. No legalization is required.
  7. Document of assignment of the invention from the inventors to the applicant (if applicable), legalized up to a Nicaraguan Consul. This document may be submitted approximately two months from the application date.

PCT National Phase Requirements

  1. Name and address of applicant
  2. A description of the invention and one or more claims in any language. 
  3. Power of Attorney legalized up to a Nicaraguan Consul. (must then be submitted within four months of the application date).

If an application is filed with only the above information, the PTO will serve a notice to request additional information. Once the notice has been served, the applicant will have two months to amend the application to reflect full requirements, which are:

  1. Name, address, country of nationality, and any other relevant information about the 
    inventors.
  2. A description of the invention and one or more claims in Spanish.
  3. Technical drawings when applicable.
  4. Technical abstract. 
  5. If applicable, proof that the biological material object of the invention has been deposited at a recognized institution.
  6. Priority document if Convention priority is claimed. The priority document may be submitted within four months of the priority date. No legalization is required.
  7. Document of assignment of the invention from the inventors to the applicant (if applicable), legalized up to a Nicaraguan Consul. This document may be submitted approximately two months from the application date.

 

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