PATENTS

CUBA

GDP: $77.15 BILLION
IMPORTS: $13.6 BILLION
POPULATION: 11,38 MILLION
TOTAL AREA: 109,884 Km2
CURRENCY: PESO (CUP)
OFFICIAL LANGUAGES: SPANISH
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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.

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. Not required under certain circumstances.
• Certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

Accepted only 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.

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:

4 years.

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses.

Maintenance:

yearly also during prosecution of the application.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.ocpi.cu/

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