Patents Laws in Nicaragua
Here’s a detailed overview of the patent laws in Nicaragua:
1. Governing Law
Patent protection in Nicaragua is governed by Law No. 559 (Intellectual Property Law), enacted in 1997 and subsequent amendments.
The law is administered by the Nicaraguan Intellectual Property Registry (Registro de la Propiedad Intelectual - RPI), under the Ministry of Development, Industry and Trade.
2. Types of Patent Protection
Invention patents: Standard patents protecting new inventions.
Utility models: Also recognized, protecting innovations with a lower inventive threshold, usually for 7 or 10 years.
Industrial designs are also protected but separately.
3. Patentability Criteria
To qualify for patent protection, an invention must be:
Novel: Not previously disclosed anywhere in the world before the filing date.
Inventive step: Non-obvious to a person skilled in the relevant field.
Industrial applicability: Capable of being used or made in some kind of industry.
4. Exclusions from Patentability
Discoveries, scientific theories, mathematical methods.
Methods of medical treatment or surgical techniques.
Plant and animal varieties (except microbiological processes).
Business methods and computer programs as such.
Inventions contrary to public order or morality.
5. Filing Procedure
Applications are filed with the Nicaraguan Intellectual Property Registry.
Nicaragua is a member of the Paris Convention and the Patent Cooperation Treaty (PCT).
International patent applications can enter the national phase in Nicaragua via the PCT system.
Application must include:
Description of the invention
Claims
Abstract
Drawings (if any)
Payment of filing fees
6. Duration and Maintenance
Patents are granted for 20 years from the filing date.
Annual maintenance fees must be paid to keep the patent valid.
Utility models usually last 7 or 10 years, depending on local provisions.
7. Enforcement
Patent holders may enforce their rights in civil courts.
Remedies include injunctions, damages, and destruction of infringing products.
8. International Treaties
Nicaragua is a member of:
The Paris Convention
The Patent Cooperation Treaty (PCT)
The World Intellectual Property Organization (WIPO)
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