WIPO-administered Treaties: 

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation

Treaty (PCT): YES. Due term for entry into national phase: 30 months. 

Patent Law in force: 

Legal Decree 290 of April 1, 2012 and Decree 342 of August 10, 2018. 

Types of protection available: 

Patent of Invention; Utility Model. 

First filing requirements with the local Patent Office for inventions made by nationals: 

YES 

Formal filing requirements: 

  • Power of Attorney merely signed (no legalization required) within 60 days from office action.
  • Assignment document from the inventors merely signed (no legalization required) within 60 days from office action. Required upon petition of the examiner.
  • Certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available). 

Filing of the patent application in a foreign language: 

Accepted for the entry into national phase of PCT applications only. In such case late submission of the Spanish translation is possible within 60 days from office action. (penalty fee should be paid) 

Substantive examination must be requested by the applicant: 

NO 

Search report must be requested by the applicant: 

NO 

Observations by third parties: 

YES, within 60 working days from publication 

Opposition: 

YES, within 60 working days from publication 

Average time from filing to grant: 

5-6 years. 

Term of protection for patents: 

20 years from filing date. 

Term of protection for utility models: 

10 years from filing date. 

Maintenance: 

Yearly also during prosecution of the application. 

Compulsory licensing: 

YES 

Link to Patent Office: 

http://www.ocpi.cu/