Patents in Costa Rica: Filing, PCT & Protection

Patents in Costa Rica: How to Protect an Invention Through PCT or Direct Filing

What patent protection in Costa Rica covers — and why PCT changes everything

Patents in Costa Rica offer real, enforceable protection for inventions — and for international applicants, the path is more accessible than many expect. Unlike trademarks, where Costa Rica is outside the Madrid Protocol and every filing must start from scratch, Costa Rica is a member of the Patent Cooperation Treaty (PCT) since August 1999. An international patent application can enter the Costa Rican national phase directly, within 31 months from the priority date. Protection lasts 20 years from filing for patents of invention and 10 years for utility models and industrial designs, all governed by Law 6867.

Types of patent protection in Costa Rica

Law 6867 covers three categories of industrial property rights for patents in Costa Rica:

What gets patented in Costa Rica in practice

While the law covers all fields of technology without discrimination (Art. 2.7), the patents most commonly filed and prosecuted in Costa Rica fall into specific sectors. Pharmaceutical products and processes represent the largest category — including new drug formulations, active ingredient combinations, and delivery mechanisms. Veterinary products, agrochemicals, and biotechnology applications are also frequently filed, reflecting the country’s agricultural base. Medical devices, industrial machinery, and chemical processes round out the most active areas. For pharmaceutical patents specifically, Law 6867 includes dedicated provisions on patent term extension when health registry approval is delayed (Art. 17.4) — a detail that underscores the sector’s weight in the Costa Rican patent system.

Patentability requirements for patents in Costa Rica

Under Article 2 of Law 6867, an invention must satisfy three conditions simultaneously:

1. Novelty. The invention must not exist in the “state of the art” — everything disclosed or made accessible to the public, anywhere in the world, by any means, before the filing date or priority date (Art. 2.3). Absolute novelty standard.
2. Inventive step. The invention must not be obvious to a person of average skill in the relevant field (Art. 2.5).
3. Industrial application. The invention must have a specific, substantial, and credible utility (Art. 2.6, as reformed by Law 8632).

What cannot be patented in Costa Rica — including software

Article 1.2 lists what is not considered an invention:

• Discoveries, scientific theories, and mathematical methods.
• Computer programs considered in isolation — software by itself is not an invention under Costa Rican patent law.
• Purely aesthetic creations, literary and artistic works (copyright instead).
• Business methods, plans, and rules for mental or intellectual activities, or games.
• Mere juxtaposition of known inventions unless the combination produces a non-obvious industrial result.

Article 1.4 separately excludes from patentability:

• Diagnostic, therapeutic, and surgical methods for humans or animals.
• Plants and animals, except microorganisms not as found in nature.
• Essentially biological processes for producing plants or animals.
• Inventions threatening public order, morality, health, or the environment.

For software companies: the protection mechanism is different, not absent. Software is protected under copyright — we explain how in our guide to copyright and software protection in Costa Rica. A technical invention that uses software as part of a larger process may qualify for a patent — the line depends on whether the innovation is in the program or in the technical application.

Filing through PCT: the international route to patents in Costa Rica

Costa Rica has been a PCT contracting party since August 3, 1999. For international applicants, this is the most efficient path: a single international application can designate Costa Rica and enter national phase within 31 months from the earliest priority date.

Article 17.1 confirms that for PCT applications, the 20-year term runs from the international filing date.

National phase requirements:

• Spanish translation of the application.
• Power of attorney, authenticated, designating a Costa Rican attorney (Art. 34). Can be formalized under the law of the country where granted (Art. 34 bis).
• Assignment document from inventors to applicant, if applicable.
• Request for substantive examination.
• Payment of national phase fee and applicable annuities.

Direct national filing: how it works

1. Prepare the application in Spanish — specification, claims, abstract, drawings.
2. File before the Registry of Industrial Property.
3. Formal examination.
4. Publication in the official gazette. Third parties have three months to oppose.
5. Substantive examination of novelty, inventive step, and industrial application.
6. Grant or refusal. Typical time: 4 to 5 years or more.

Maintaining a patent in Costa Rica: annuities and costs

• Standard annual fee: US $500 per year (Art. 33.f).
• Reduced rate (70% discount): individual inventors, micro/small enterprises, public universities, and public research institutes pay US $150/year.
• Grace period: six months after due date, with 30% surcharge (Art. 33.g). Patent maintains full validity during grace.
• Advance payment: annuities can be paid for two or more years ahead (Art. 33 bis.1).
• No refund of advance annuities if the patent is surrendered, lapses, or nullified (Art. 33 bis.5).

Patent term extension for administrative delays

Article 17.2: if the Registry takes more than 5 years from filing or more than 3 years from the examination request (whichever is later) to grant the patent, the owner can request day-for-day compensation. Delays attributable to the applicant are excluded. Maximum extension: 18 months (Art. 17.3).

Patents vs. trademarks: two different IP systems in Costa Rica

Frequently asked questions

Can I file a PCT patent application designating Costa Rica?

Yes. Costa Rica has been a PCT member since 1999. National phase must be entered within 31 months from the earliest priority date (Art. 17).

How long does a patent last in Costa Rica?

20 years from filing for patents of invention (Art. 17). Utility models and industrial designs last 10 years (Art. 30).

Can software be patented in Costa Rica?

Not on its own. Computer programs “considered in isolation” are excluded (Art. 1.2.a). A technical invention incorporating software may qualify if the innovation is in the technical application.

What happens if I disclosed my invention before filing?

Normally destroys novelty. But Art. 2.3 provides a one-year grace period for disclosures by the inventor or resulting from breach of contract. File within one year.

How much are annual maintenance fees?

US $500/year (Art. 33.f). Individual inventors, micro/small enterprises, public universities, and public research institutes pay 30% (US $150). Late payment during grace adds 30% surcharge.

Can I extend the patent term if the Registry is slow?

Yes. If grant takes over 5 years from filing or 3 years from examination request, day-for-day compensation up to 18 months maximum (Art. 17.2-3).

Related guides

• Trademark Registration in Costa Rica: The Local Filing Rule
• Nice Classification: Find Your Trademark Class
• Intellectual Property Services

This article is general information, not legal advice. Source: Law No. 6867 (as reformed by Laws 7979, 8632, 8686); Patent Cooperation Treaty. All provisions verified against official text.