Patent filing requirements in Nicaragua

Article 19 of the Nicaraguan Patent Law (Law No. 354 of 2000, as amended by Laws No. 579 of 2006 and No. 634 of 2007) and Article 6 of Regulation of the Patent Law (Decree No. 88-2001 as amended by Decree No. 16-2006) state the requirements for filing a patent application in Nicaragua as follows:

  • Title of the invention;
  • name, address, and nationality or country of incorporation of the applicant;
  • two copies of the patent specification in Spanish (including the background of the invention, a detailed description, drawings if any, one or more claims and abstract);
  • if the application claims priority of a foreign patent application, the priority number, date, and name of the office where the priority application was filed (as per Article 90, priority may be claimed together with the application or within four months after the expiration of the applicable priority period);
  • if applicable, the name and address of a recognized depositary institution where biological material was deposited, as well as the date of deposit and the accession number (Article 22).

A certified copy of the priority application must be submitted together with the application, or within four months of the expiration of the applicable priority period (Article 90). In practice, for PCT applications which enter the national phase in Nicaragua, the Patent Office does not request a priority document.

As per Article 20 of the Patent Law, in order to obtain a filing date, as a minimum, the name, address and nationality of the applicant, and a description of the invention in any language are required.

If all documents required by Article 19 are not filed along with the application, the Patent Office will issue a formal action, which must be responded within two months of service; otherwise the Office will deem the application as not filed (Article 30).

Applicants who are not Nicaraguan residents must be represented by a Nicaraguan attorney. Representation is not required for certain acts, such as filing translations of documents, filing drawings and paying fees (Article 90). The Nicaraguan attorney must hold a power of attorney, either legalized by Apostille or by a Nicaraguan Consul; however, it is possible to file an application, and subsequently submit the power of attorney within two months of the filing of the application in Nicaragua.

Please contact us for additional information.

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