IMPORTS: $26.61 BILLION
POPULATION: 3,868 MILLION
TOTAL AREA: 75,517 KM2
CURRENCY: BALBOA AND UNITED STATES DOLLAR
OFFICIAL LANGUAGES: SPANISH
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 No. 35 of May 10, 1996 and Law No. 61 of October 5, 2012
Types of protection available:
Patent of Invention; Utility Model.
First filing requirements with the local Patent Office for inventions made by nationals:
Formal filing requirements:
• Power of Attorney duly notarized and legalized within 60 days from Office Action.
• Assignment document from the inventors duly notarized and legalized within 6 months from office action (not required for entry into national phase of PCT applications).
• Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications provided that PCTIB304 form is available).
Filing of the patent application in a foreign language:
Accepted. Late submission of the Spanish translation is possible within a 2-month term.
Substantive examination must be requested by the applicant:
Search report must be requested by the applicant:
YES, within 60 days as from filing (PCT applications) or 14 months as from priority date (Convention applications). The application will be granted irrespectively of the result of the search report.
Observations by third parties:
YES, within 2 months from publication
Average time from filing to grant:
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:
• UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
• Lower threshold for inventive step.
payment for periods of 5 years also during prosecution of the application.
Marking of the product with the application/ patent number:
Only in case of force majeure for the country granting the patent