Patents Laws in Dominican Republic

27 May 2025 --
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In the Dominican Republic, patent law is primarily governed by Law No. 20-00 on Industrial Property, enacted on May 8, 2000. This law provides a comprehensive framework for the protection of inventions, utility models, industrial designs, and other intellectual property rights. The National Office of Industrial Property (ONAPI) is the competent authority responsible for administering and enforcing industrial property rights in the country .

🔑 Key Features of Patent Protection

1. Patent Types and Duration

Invention Patents: Granted for a period of 20 years from the filing date.

Utility Models: Granted for a period of 15 years from the filing date

Industrial Designs: Granted for a period of 5 years, with the possibility of two consecutive 5-year extensions, totaling 15 years.

These durations are non-extendible beyond the specified periods .

2. Patentability Criteria

To be patentable in the Dominican Republic, an invention must meet the following criteria:

Novelty: The invention must be new and not part of the prior art.

Inventive Step: The invention must involve an inventive step that is not obvious to someone skilled in the relevant field.

Industrial Applicability: The invention must be capable of being used in some kind of industry.

Certain subject matter is excluded from patentability, including scientific theories, mathematical methods, business methods, computer programs, and medical treatment methods

3. Filing Requirements

To file a patent application in the Dominican Republic, the following documents are required:

Application Form: Completed and signed.

Description of the Invention: Including claims, abstract, and any drawings.

Power of Attorney: Notarized and legalized (apostilled).

Assignment of Invention: If the applicant is not the inventor, a deed of assignment is required, authenticated at the nearest Dominican Consulate or apostilled.

Certified Copy of the Priority Document: If priority is claimed, a certified copy of the priority document is required .

4. Examination and Grant

Substantive Examination: A patent may be granted only after examination as to substance, which is subject to payment of a fee. The fee must be paid within 12 months after publication of the application by the Office. If the applicant fails to pay this fee within the prescribed time limit, the application shall be considered abandoned .

Grant of Patent: Once granted, the patent is published, and a Certificate of Registration is issued.(

5. Maintenance Fees

Annual Fees: Annual fees are payable for patents from the second anniversary of the filing date. For PCT patents, annuities must be counted from the first anniversary from the application country of origin.

Late Payment: A grace period of six months is granted for the payment of an annual fee, with the payment of the established surcharge. During the grace period, the patent remains fully in force. Failure to pay any of the annual fees automatically causes the expiration of the patent .