Patents, Models and Designs

The current Nicaraguan Patent Law is in force since  November 24, 2000.

The object of the law are patents of invention, utility models and industrial designs.

Patents

Highlights regarding patents of invention

• Patents are granted for products, processes or use.
• The patent term is 20 years from the application date in Nicaragua por Convention Patents or the PCT application date for international patents.
• Annuities are due within three years of the application date in Nicaragua por Convention Patents or the PCT application date for international patents.
• International exhaustion applies.
• International classification (Strasbourg Agreement).

Non-patentable Subject Matter:

• Discoveries, scientific theories and mathematical methods;
• Matters and energies as found in nature;
• Biological processes as found in nature, except for microbiological processes;
• Aesthetic creations, literary and artistic works;
• Schemes, rules and methods for performing mental acts, playing games or doing business;
• Programs for computers as such;
• Animal races;
• Therapeutic, surgical and diagnostic methods applicable to persons or animals.

Requirements of patentability are: 

In order to be granted a patent, an invention must meet the following cumulative criteria of validity:

• It must be novel. An invention is considered novel if it does not form part of the state of the art. The state of the art comprises anything made available to the public by any means in Nicaragua or abroad before the date of filing of the patent application. To the effect of determining novelty, the state of the art shall also comprise the contents of any other patent application with a filing or priority date prior to the application being considered.
• It must involve an inventive step. An inventive step is considered to be present if, having regard to the state of the art, the invention is not obvious or evident to a person skilled in the art.
• It must be susceptible of an industrial application. It is considered that an invention is susceptible of an industrial application, if its object can be used in any industrial application or productive activity. The term industry is to be interpreted widely.

Utility Models

Requirements of patentability are:

• Novelty
• Industrial application

Term

• 10 years from application date.

Industrial Designs

Protection granted to an industrial design does not exclude other legal forms of protection.

Excluded from protection are technically functional designs, as well as designs whose shape is necessary to be mechanically fitted into another good, of which the design is a part.