The Directorate of Patents of the Costa Rican PTO has recently
reviewed and reinterpreted the provisions of the Regulations
to the Costa Rican Patent Law 6867 regarding patent annuity
payments. The main changes are as follows:
The first annuity for PCT
applications corresponds to the first year of the
international application, and not to the first year of
the national application, as established before by the Costa Rican
After grant, the Costa Rican PTO will
issue an official requirement indicating the accumulated annuities
that must be paid and the deadline to proceed with the payment (two
months from the notification of grant). If the annuities are not
paid, a six-month grace period will be granted, with a 30 percent
surcharge.If the annuities are not paid even after the six-moth
grant period, two ten-day office actions will be
issued requiring the corresponding payment plus applicable
Even though it is still not clear how
the non-payment of annuities fees would affect a patent, it is
advisable for the patent holder who has lost interest in a patent
in Costa Rica to file a formal abandonment
letter before the Costa Rican PTO.
Otherwise, even though the patent is passively abandoned, the
patent holder will still have the obligation to pay the unpaid
annuities and the PTO will maintain the protection of the patent.
In filing the formal abandonment, the corresponding patent should
be free from outstanding annual fees, or else the PTO will reject
the filing of formal abandonment.
Patent annuities paid under the
scheme initially implemented by the Costa Rican PTO are deemed to
be properly paid and the term of the patent will not be
In 2014, the Decree 38308-JP, amending some of the articles of
the Regulations to the Costa Rican Patent Law 6867, entered into
force. Regarding patent annuity payments, the regulations stated
that they were required only after grant and only for applications
filed from April 25, 2008, and that the payment of the first
annuity was made together with the patent certificate issue fees.
Additionally, the Regulations clarified that accumulated annuities
from the filing date were due within two months after the granting
date, and subsequent annuities must be paid before the commencement
of the relevant year of life and the deadline was the last day of
the anniversary month of the filing date.
Finally, the Regulations established that, if an annuity was not
paid in due time, a six-month grace period would be granted, but
the amount would include a 30 percent surcharge over the amount
Should you require any further information, please contact us.
We will keep you updated regarding any further developments on this
Originally published on 23 May 2016
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