According to the Costa Rican Patent Law, methods of treatment or diagnosis are considered non- patentable subject matter in Costa Rica, as well as "second use" inventions.

The Administrative Court of Appeals on an isolated decision held that a claim containing the language "the use of X for the manufacture of medicament for use in treatment of Y", was a valid claim.

However, this decision has not been supported by the CRPO (Costa Rican Patent Office), which continuously rejects all Swiss-type claims, considering them as disguised methods of treatment.

We do not expect that said behavior from the CRPO changes in the near future. Therefore, the decision of the Administrative Courts remains an isolated case.