Patent annuities in Costa Rica have been a subject of controversy for IP holders since 1995, when the Constitutional Court annulled provisions of the Regulations to the Patents, Designs and Industrial Models Law establishing their payment.
Government fees are considered to be a matter of taxation and, thus, require congressional approval. However, patent annuities were established via executive decree issued solely by the executive branch of the government.
After more than 13 years since the original decision by the Constitutional Court, applicants and patent holders still need not worry about paying patent annuities.
On March of 2008, Congress approved a Law No. 8632, containing several amendments to the Patents Law, including payment of yearly patent maintenance fees in the amount of US$500. However, legislative oversight caused an omission which resulted in lack of mention of the due date for payment of annuities. Articles 33 & 33bis of the amended Law of Patents reinstate the requirement, but neglect to mention if they are applicable to pending application or granted patents or the time limit for payment.
As of September, 2009, the Patents Office is refusing to charge applicants for the payment of annuities. This situation may be resolved if the Ministry of Justice, which provides oversight for the Patents Office, chooses to issue new regulations concerning the due date for payment.
International Department
patents@acunalegal.com
Asesores Legales en Propiedad Industrial, S.A
7 avenue, 25 & 29 streets, suite 2524
Barrio Escalante, San José 10101
Costa Rica
Tel: 506-22219058
For more information please contact us.
