According to the Costa Rican Patent Law, there are only 30 days to file a response to a negative examination report. A first examination report in Costa Rica is the equivalent to an US final action. There is no continuation or request for continued examination in Costa Rica. It is possible, however, to file divisional applications and this should be strongly considered by the applicant if the subject matter of the rejected claims is relevant for the case.
After filing a response to the rejection of the claims, the Costa Rican Patent and Trademark Office (CRPTO) will then issue its Final Resolution. If the result is the rejection of the application applicants are then precluded from making any further amendments to the claims and it is no longer possible to file any divisional application. The CRPTO's final resolution terminates all prosecution before the CRPTO and the applicant is required to appeal the case in Court.
Due to this short deadline and several rejections of applications that might be easily solved if any interaction of applicants with examiners had occurred, the CRPTO decided to open the possibility for applicants to request an interview with the examiner; despite of the fact that this interviews are not established by law, it is a valid proceeding regulated by the CRPTO, which has turned into a useful tool for patent practitioners.
The interview should be requested within the 30-day period given to applicants to file a response to the examination report. It is strongly recommend to assist to the interview duly prepared and with all the amendment proposals that applicant wishes to introduce to the application. A good strategy and preparation for the interview usually provide good results and the approval rate of the applications is actually higher for all those practitioners that assist to the interview stage.
Therefore, it is recommended to request and assist to an interview with an examiner, even if it is an optional proceeding, since it might be the difference between a rejection and a granting of a patent application.