On November 10, 2014, the Costa Rican Patent and Trademark Office (CRPTO) issued Directive Number DRPI-004-2014, which includes a new requirement for patent and trademark applicants acting as de facto officers.
According to the Costa Rican regulations, when a de facto officer is admitted to act on behalf of a legal entity (an organization such as a corporation, university, nonprofit organization, or governmental agency), it must comply with article 286 of the Civil Procedure Code. Such article establishes that it is necessary to prove the actual existence of the legal entity.
Following this regulation, the CRPTO now requires that in order to demonstrate the existence of the legal entity, a registration certificate or a notarial certificate of the incorporation must be filed as evidence, duly legalized by apostille. In case the certification needed is not filed with the application, the examiner will grant a period of ten business days to comply. Failure to fulfill such requisite will render the patent or trademark application abandoned.