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:
IP Law 20-00 dated May 8, 2000 (modified by Law 424-2006 dated November 20, 2006)
Types of protection available:
Patent of Invention; Utility Model.
Formal filing requirements:
- Power of Attorney duly notarized and legalized by apostille within 60 days from office action. 60 day extension of term.
- Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required under certain circumstances (not required for entry into national phase ir already recorded before the IB). 60 day extension of term.
- Certified copy of priority application within 3 months from filing, together with Spanish translation 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. Late submission of the Spanish translation is possible within 60 calendar days from office action.
Substantive examination must be requested by the applicant:
YES, within 12 months from publication.
Search report must be requested by the applicant:
Observations by third parties:
YES, within 60 calendar days from publication.
Average time from filing to grant:
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
15 years from filing date.
Differences between utility model and patent:
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not process or use patents; chemical, metallurgic or related substance or composition products; matter excluded from protection for patent invention; lower threshold for inventive step.
Yearly also during prosecution of the application for patents. Payments for periods of 5 years for Utility models.
Link to Patent Office: