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Nicaragua - New Patent Law

The Nicaraguan Patent Law has been amended with effect from November 25, 2000.

The major change is to provide that patents granted on applications filed on or after November 25, 2000 will have a maximum duration of twenty years from their filing dates. Such a term will, however, be dependent on the payment of annuities, the first of which will be due in respect of the third year of the life of the patent (i.e. before the second anniversary of the filing date).

For patents already granted under the former law, the normal term remains ten years from grant and also remains subject to the requirement of working the patent within Nicaragua. However, it will now be possible to request an extension of the term of such a patent up to twenty years from the filing date of the application from which it originates. Annuity fees will be payable during any such extended period.

The law also provides that utility models will have a maximum term of ten years from filing, subject to payment of annuities; and that design registrations will initially be issued for a five year period and be subject to the possibility of renewal for two further five year periods totaling a possible maximum of fifteen years from filing.

One other feature of the new law is to provide that the fee for the expert's opinion, which is still required for the grant of a patent will be determined on a case by case basis, but that the opinion of another patent office may possibly be used to replace that of the local expert as long as that opinion is translated into Spanish.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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