PATENTS

NICARAGUA

GDP: $13,118 BILLION
IMPORTS: $6,690 BILLION
POPULATION: 6,465,513
TOTAL AREA: 130,375 KM2
CURRENCY: CÓRDOBA (C$) (NIO)
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:

Patent Law 354/2000 (modified by Law 574 and Law 634)

Types of protection available:

Patent of Invention; Utility Model.

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

NO

Formal filing requirements:

• Power of Attorney duly notarized and legalized within 60 days from office action.

• Information on how the applicant acquired the right to the invention, that is, by employment relationship or contract or assignment (NO supporting documents required). Within 2 months from notification.

• Assignment document from the inventors duly notarized and legalized (which may be substituted by a sworn declaration by the representative) within 60 days from office action.

• Certified copy of priority application within 90 days from office action (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:

NOT available.

Substantive examination must be requested by the applicant:

YES, within 6 months from publication.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, at any time prior to grant.

Opposition:

NO

Average time from filing to grant:

3-4 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:

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.

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.mific.gob.ni/

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