REGISTRY ACTIVITY IN THE MATTER OF PATENTS IN CUBA
objective
Explain the essential aspects related to the filing of patent applications.
CUBA. DECREE-LAW No. 290 of 2012 OF THE INVENTIONS AND DRAWINGS AND INDUSTRIAL MODELS
Article 21.1.- An invention capable of being protected through a patent is understood to be any technical solution in any field of technology that has novelty, inventive activity and industrial applicability.
• new: On the date of presentation of the application or of the recognized priority, it was not included in the state of the art.
• inventive step: It is not obvious to an expert in the corresponding technological field, from the state of the
National entities
Legal persons
Foreign entities
May appear before the Office
•• Through a legal representative (Director, Rector, Ministers, Heads of Unit)
CUBA. DECREE-LAW No. 290 of 2012 OF THE INVENTIONS AND DRAWINGS AND INDUSTRIAL MODELS
Article 15.2- An Official Agent of Industrial Property is considered to be the person who, complying with the requirements demanded in the current legislation, provides services to assist or represent natural or legal persons for the registration of applications for the different types of industrial property. and the defense of the rights derived from these, within the content of the mandate conferred on it.
Article 15.5- Real industrial or commercial establishment and
How the representation of the applicant is accredited
Official Agent: By means of a power of attorney signed by the applicant, stating the content of the conferred mandate.
• You can refer to several numbered requests.
• You can refer in a single power of attorney a mandate relating to all requests for records.
Representation documents are registered in a register intended for this purpose, whose registration Nos. Can be invoked in the corresponding procedures without the need to submit copies.
How the representation of the applicant is accredited
Legal person:
• By his legal representative, through the document that establishes or certifies the condition of said person.
• By a representative appointed through the
Articles 2, 3, 4 and 5. Resolution number 659/2002
Regulation of Official Agents and Representatives of Industrial Property, of the Director General of the OCPI, of March 20, 2002.
Natural persons can be represented by an Official Industrial Property Agent. Legal persons can be represented:
a) By whoever holds their legal representation;
b) By a designated representative;
c) By an Official Agent.
Foreign natural and legal persons, who do not have a real and effective domicile or commercial establishment in Cuba, are obliged to be represented by an Official Agent for the performance of any legal act before the Office.
Articles 2, 3, 4 and 5. Resolution number 659/2002, Regulation of Official Agents and Representatives of Industrial Property, of the Director General of the OCPI, of March 20, 2002.
Official Agent is considered to be an official accredited by the Office who meets the requirements established in the Regulations and who is empowered to
represent natural and legal persons before the Cuban Office of Industrial Property and before the homologous authorities in the different countries, in Matters relating to the registration of the different forms of industrial property and the defense of the rights that emanate from it, within the content of the mandate conferred by the power granted for that purpose.
Representation of multiple people
Resolution No. 659/2002 of the Director
OCPI General
Articles 32 to 53
- When two or more natural persons appear together, they must be represented:
a) By one of them, by means of a signed agreement, b) By an Official Agent. - When two or more joint legal persons concur, they must be represented:
a) By the legal representative of one of them, by means of a signed agreement or Joint Resolution,
b) By a designated representative, by means of a signed agreement or
Joint Resolution, c) By an Official Agent, designated by the parties.
Continuation of multi-person representation
- When one or more natural persons and one or more joint legal persons attend, they must be represented:
a) By the natural person or by one of them, if there are several, by means of a signed agreement, b) By the legal representative of one of the legal entities, through a signed agreement or joint Resolution, c) By a designated representative, through a signed agreement or Joint Resolution, d) By an Official Agent, designated by the parties.
- When one of the persons is a foreigner who does not have a domicile or a real and effective industrial and commercial establishment in Cuba, the representation may only be exercised by an Official Agent.
Requirements to hold the status of Official Agent of Industrial Property. Resolution 659/2002
➢ Requirements to hold the status of Official Industrial Property Agent, Article 6 section 1
➢ Requirements for the representation of legal persons, article 22 section 1:
- Natural persons, Cuban citizens, permanent residents in the national territory. - Have a labor or service provision relationship with the represented legal entity.
➢ ➢- Possess a valid university degree in Law, in a branch of science or technique or in another specialty related to the activity of Industrial Property.
Requirements for representation
Resolution No. 659/2002 of the Director
OCPI General
- Have experience in the exercise of activities related to Industrial Property.
- They do not have a criminal record or are subject to any criminal process.
➢ ➢- They have good moral, political, labor and social conduct.
PROVINCIAL SECTIONS AND JOBS
Resolution 281/2009 of the Director General of the
OCPI Procedure for procedures regarding
Industrial Property of nationals through the Provincial Sections.
➢ ➢ Functions of the Provincial Sections:
- Complete the presentation of the documents related to any procedure before the OCPI and send them within the established terms.
- Act as intermediaries in the messages sent by the OCPI.
- Provide the forms and other documentary models used in the processing before the OCPI.
PROVINCIAL SECTIONS AND JOBS
- Process IP information services before the OCPI based on the requests that are submitted.
- Provide advisory services on Industrial Property to users who request it.
- Contribute to the development of technological innovation, the territorial and national economy, commercial activity, legal relations and the use of information, based on the correct use of IP rights and the design of adequate research and development strategies, commercialization and legal protection of the results of the creative activity, which contain the necessary elements of Industrial Property.
- Participate on behalf of the OCPI in inspections related to IP, fairs, exhibitions based on the regulations that are established.
Invention Registration Application
Documents that make up the application Article 26 D / L 290
a) instance signed by the applicant or his representative expressing the applicant's intention to obtain a patent and the title of the invention;
b) summary of the invention, which consists of a synthesis of the information contained in the description, claims and drawings, indicating the technical field of application of the invention;
c) description of the invention, including the essence of the same of
Invention Registration Application
Documents that make up the application Article 26 D / L 290
d) one or more claims, which define the scope of patent protection, which must be clear, concise and fully supported by the description;
e) the drawings, which can be graphs, equipment diagrams, views, figures, that guarantee the best understanding of the proposed solution;
f) document that certifies the deposit of biological material in an institution officially recognized for such purposes, in cases where the invention refers to a biological product or procedure that involves the use of biological material that is not available to the public; (international depository authorities that have acquired said rank in accordance with the provisions of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the 1977 Patent Procedure), (must be submitted within a period of 16 months counted from the filing date of the application or the priority date claimed)
Invention Registration Application
Documents that make up the application Article 26 D / L 290
g) document that proves the claim of priority right or rights and its translation, if applicable; (12 months in the case of applications for patents and registration of utility models and 6 months for applications for registration of industrial designs). It must be submitted to the Office within a non-extendable term of 3 months from the date of submission of the application.
h) document certifying the presentation of the invention in an officially recognized exhibition together with its translation, if applicable, and a statement on the verification of the translation. It must be submitted to the Office within a non-extendable term of 3 months from the date of submission of the application.
i) document certifying the representation of the applicant;
Documents that make up the application Article 26 D / L 290
j) A copy of the prior and express authorization for access to biological material, issued by the competent authority in accordance with current legislation on the matter; (must be submitted within a period of 16 months from the date of submission of the application or the priority date claimed)
k) Declaration that states that the biological material to which the invention refers has not been obtained in the territory of the Republic of Cuba, in which case the country of origin and source of the biological material and the traditional knowledge associated with these must be indicated. and prior informed consent; (must be submitted within a period of 16 months from the date of submission of the application or the priority date claimed)
Invention Registration Application
Documents that make up the application Article 26 D / L 290
l) list representing nucleotide and amino acid sequences on paper and electronic, as appropriate to the purpose of the application; and
m) statement by the applicant, stating that the nucleotide and amino acid sequence lists are identical, as appropriate, on paper and electronic media.
THE PRESENTATION OF THE PATENT APPLICATION IS
Minimum submission requirements
Article 27.1 D / L 290
The Office grants as the filing date of the application, the date of receipt, provided that the application contains at least:
a) an indication, express or implicit, that the grant of a patent is requested;
b) any data that allows the applicant or the person submitting the application to be identified, or that allows the Office to communicate with that person; c) a document that constitutes a description or (in Spanish);
d) a document containing one or more claims (in Spanish).
If the application omits some of the elements indicated, the Office does not accept the documentation presented nor does it set a filing date.
PROCESSING
➢ Interference search, optional, at the request of a party
RECEIVED ALL DOCUMENTS
➢ For the purposes of administrative processing and publications, the mandatory use of the International Patent Classification is provided under the
1971 Strasbourg Agreement ➢ ➢ Formal examination: includes the analysis of compliance with the requirements relating to all documents presented, (Official Requirements, 60 days extendable for another 30). In case of no reply, the request is abandoned.
➢ Publication in the Official IP Gazette (18 months from the filing date. As of publication, the description, claims and drawings are made available to the public.
➢ Competitions (60 days counted from the date of circulation of the Official Gazette of the PI.). Whoever presents opposition is considered part of the process. Your response within 60 days from being notified.
➢ ➢ Substantive examination: Analysis of the established requirements, Articles 21, 22, 23, 24, 25, 38 of the current legislation. Official Requirements, 60 days extendable for another 30. In case of no, answer the request is abandoned.
• Article 21: Refers to patentable matter and lists what is not considered an invention.
• Article 22: Relates the matter that is not patentable.
• Articles 23 24 and 25: Referring to the patentability requirements
(novelty, inventive step and industrial applicability)
• Article 38: Establishes when a patent application is denied.
➢ ➢ Appeal Appeal (30 days from notification of the Resolution).
• If no Appeal is presented, the Director General of the Office issues a Resolution ratifying or not the provisions of the Head of the Department.
• If an Appeal is presented, once concluded
➢ Establishment of demand in Administrative Process before the Civil and Administrative Chamber of the Provincial People's Court of Havana (30 business days following the notification)
➢ Corresponding Concession Payment
Provided that no new matter is added to the content contained In the application, the applicant can submit comments on any information or document at any stage of the examination
THANK YOU
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