Legal framework overview

Costa Rica's IP legal framework is designed to promote innovation and fair competition and mainly comprises:

• Law on Patents, Industrial Designs and Utility Models (Law No. 6867/1983, as amended by Law No. 8632/2008);

• Law on Trademarks and Other Distinctive Signs (Law No. 7978/2000);

• Copyright and Related Rights Law (Law No. 6683/1982);

• Law on the Protection of Trade Secrets (Law No. 7975/2000).

The competent authority is the RNP (Registro de la Propiedad Industrial),
which forms part of the Registro Nacional (National Registry).
Costa Rica is a member of WIPO, the PCT, the Madrid Protocol (since 2021), the Hague Agreement (since 2023), the Paris Convention, TRIPS and CAFTA-DR.

International cooperation and regional alignment

• Costa Rica is a contracting state of WIPO, the PCT, the Madrid System, the Hague System and CAFTA-DR;

• Participates in regional IP cooperation mechanisms with members of the Central American Integration System (SIECA);

• Has established PPH fast-track examination schemes with partners such as Mexico, Chile and Peru;

• Engages in information exchange and training programmes with EUIPO, USPTO and INPI Brazil.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with RNP;

• Alternatively, protection may be obtained by designating Costa Rica under the Madrid Protocol (available since 2021).

Classification

• Uses the Nice Classification for goods and services;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formal examination: approximately 1‑2 months;

• Substantive examination: approximately 6‑8 months;

• Opposition period: third parties may file oppositions within 2 months from publication.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely;

• A continuous period of 5 years of non-use may lead to cancellation.

Examination features

• Examination language is Spanish;

• The main focus is on distinctiveness and conflicts with prior rights;

• Non-traditional marks such as sound, scent and three-dimensional marks may be registered;

• Online filing and search platform: SIPI – Sistema de Propiedad Industrial / Registro Nacional Portal.

Patent system

Types and terms of protection

• Invention patent (Patente de Invención): protection of 20 years from the filing date;

• Utility model (Modelo de Utilidad): protection of 10 years from the filing date.

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 3 years from the filing date;

• Average examination period is about 24‑36 months.

International routes

• Costa Rica has been a PCT contracting state since 1999;

• PCT applications may enter the national phase for examination in Costa Rica;

• PPH (Patent Prosecution Highway) programmes have been established with offices such as Chile, Mexico and Panama.

System features

• Follows the first-to-file principle;

• Annual maintenance fees are due each year after grant;

• Examination language is Spanish;

• Pharmaceutical and biotechnology applications must include INN (International Nonproprietary Name) information and relevant patent listings.

Industrial design protection

Legal basis

• Law on Patents and Industrial Designs (Law No. 6867/1983, as amended in 2008).

Scope of protection

• The external appearance, shape, patterns, ornamentation and other visual features of products;

• Applies to both industrial products and handicraft designs.

Term of protection

• Protection lasts for 10 years from the filing date and is not renewable.

Examination procedure

• Average examination period is about 6‑9 months;

• Examination language is Spanish;

• Only formal examination is carried out; creativity and novelty are not substantively assessed.

System features

• A single registration is valid throughout Costa Rica;

• Multiple designs may be combined in one application where permitted;

• Since 2023, international design protection can be sought via the Hague Agreement designating Costa Rica;

• Official database: Diseños Industriales – SIPI.