Patents Laws in Puerto Rico (US)
Here’s an overview of patent laws applicable in Puerto Rico (U.S. territory):
1. Governing Law
Puerto Rico is a U.S. territory, so U.S. federal patent law applies directly.
Patents are governed by the United States Patent Act and administered by the United States Patent and Trademark Office (USPTO).
Puerto Rico does not have a separate patent system; all patent matters fall under U.S. jurisdiction.
2. Patent Types
Utility patents: For new and useful inventions or discoveries.
Design patents: For new, original, and ornamental designs.
Plant patents: For new and distinct varieties of plants.
3. Patentability Requirements
To be patentable under U.S. law:
The invention must be novel (new).
It must involve a non-obvious inventive step.
It must be useful.
The invention must fall within patentable subject matter, which excludes abstract ideas, laws of nature, and natural phenomena.
4. Filing Process
Applications are filed with the USPTO.
Filing can be done electronically via the USPTO’s EFS-Web system.
The process includes:
Filing the application with claims, specification, drawings, and fees.
Examination by a USPTO patent examiner.
Possible office actions and responses.
Grant of the patent if all criteria are met.
5. Duration and Maintenance
Utility patents last for 20 years from the earliest effective filing date.
Design patents last 15 years from the grant date (for applications filed after May 13, 2015).
Maintenance fees must be paid at 3.5, 7.5, and 11.5 years to keep utility patents in force.
6. Enforcement
Patent rights in Puerto Rico are enforced under U.S. law.
Infringement cases are brought before U.S. federal courts.
Remedies include injunctions, damages, and attorney’s fees.
7. International Treaties
The U.S. is a member of:
The Patent Cooperation Treaty (PCT)
The Paris Convention
Other international IP treaties administered by WIPO
RELATED Blog
0 comments