When seeking patent protection in Costa Rica by way of a PCT national phase application, the following documents and information will be required by the Patent Office:
- Description, claims, summary and drawings of the patent. These documents can be filed within two months from the filing date of the national phase application. A translation into Spanish is required.
- Power of attorney duly notarized, no legalization is required. The PoA must be filed no later than three months from the filing date of the national phase application if a certificate of good standing duly apostilled is filed together with the application. As reported previously in our newsletter, if the applicant is a legal entity it is mandatory to prove its actual existence when a de facto officer is admitted to act on its behalf (a notarial certificate of the articles of incorporation, an affidavit duly notarized, and a notarial certification of the official web page are acceptable as evidence).
- Assignment document from the inventors .The assignment document must be duly legalized before the closest Costa Rican consular office. This document must be submitted no later than two months from the filing date of the PCT national phase applications. A certified and legalized copy of an assignment filed before any PTO will suffice, considering that Costa Rica has been included in such assignment. We may prepare and provide an assignment document in case Costa Rica was not included in the original assignment. If a declaration of ownership was filed during the international phase, then it is not necessary to file an assignment.
Costa Rica has a 31-month deadline to enter national phase.