Patents Laws in Panama
🇵🇦 Panama’s Patent Law – Internal Overview (No External References)
The Panamanian patent system provides a structure for the recognition and protection of inventions within the national territory. It is administered by a national agency, and its rules define how individuals or entities may obtain rights over inventions that are new, useful, and non-obvious.
🏛️ Authority in Charge
The National Office for Industrial Property (within Panama's Ministry of Commerce and Industries) is the administrative body responsible for:
Receiving patent applications
Examining and approving inventions
Issuing patent certificates
Managing renewals and annuities
Handling cancellations and administrative procedures
⚙️ What Can Be Patented?
To be eligible for patent protection, an invention must meet three internal criteria:
Novelty – The invention must not have been publicly known or used in Panama before the filing date.
Inventive Step – The invention must not be an obvious modification of existing knowledge or products.
Industrial Applicability – The invention must be capable of being used in a productive activity (manufacturing, agriculture, etc.).
Panama’s law does not allow patents for:
Scientific discoveries or theories
Aesthetic designs or artworks
Schemes, rules, or methods (e.g. mental acts or business methods)
Surgical or therapeutic methods for humans or animals
Naturally occurring materials (e.g. genes or species)
📄 Patent Application Process (Internal Steps)
Submission of Application
Applicant provides a title, description, claims, and drawings if needed.
A clear explanation of how the invention works is required.
A formal request form is filled and submitted to the patent office.
Formal Examination
The office checks whether the application is complete and follows the format and documentation rules.
Substantive Examination
The technical aspects of the invention are reviewed to determine novelty, inventiveness, and applicability.
If compliant, the patent proceeds to publication.
Publication
The application is made public through the official bulletin, allowing public knowledge and possible objections.
Grant of Patent
If no issues arise, the office grants a patent certificate that gives exclusive rights to the inventor.
🛡️ Rights Conferred by a Patent
Once a patent is granted, the owner has the exclusive right to prevent others from:
Making
Using
Selling
Importing
the patented product or process in Panama without their consent.
⏳ Duration and Maintenance
A standard patent lasts 20 years from the filing date.
The owner must pay maintenance fees (annuities) periodically to keep the patent in force.
If fees are not paid, the patent can lapse, although late payment within a grace period may be allowed.
🧪 Utility Models (Simplified Patents)
These are available for inventions with less complexity or smaller improvements.
The term of protection is 10 years, and the process for registration is faster and less strict.
Particularly useful for tools, mechanical devices, or minor upgrades of known products.
⚖️ Cancellation and Invalidation
A granted patent can be cancelled if:
It was granted based on false information.
The invention fails to meet patentability criteria.
The owner misuses the rights (e.g., monopoly abuse).
It is not worked (used) in Panama within a prescribed time.
The cancellation can be requested by third parties or initiated by the patent office itself.
🧾 Summary – Patent Framework in Panama (Internal View)
| Element | Description |
|---|---|
| Authority | National Office for Industrial Property (under Commerce Ministry) |
| Patentable Subject | New, useful, non-obvious inventions with industrial use |
| Non-Patentable | Theories, art, medical methods, natural materials |
| Application Steps | Filing → Formal Review → Technical Exam → Publication → Grant |
| Rights Granted | Exclusive use, sale, production within Panama |
| Duration | 20 years (standard patent), 10 years (utility model) |
| Maintenance | Periodic fees required; lapse possible without payment |
| Cancellation | For invalidity, fraud, or non-use |
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