Application for registration

Industrial model patents shall be granted for any industrial models or designs which are susceptible of being manufactured by industrial or artisans means, which are new by their form, shape or ornamentation and which involve originality.

It is possible to include 20 variants, at additional cost per variant, in one single application.

Priority must be claimed when filing the application and it is necessary to specify the date, application number and country where the original application was filed at the moment of filing. The certify copy of the application may be filed within three months after filing and it should be translated into Spanish language.

The documents and information needed for filing an application are the following:

- Applicants' name.
- Applicants' address.
- Inventors' name.
- Inventors' address.
- Title of the industrial model.
- Drawings/pictures.
- Brief description of the industrial model including a brief reference  to    the drawings/pictures describing which view is represented in  each    one in Spanish language.
- Certified priority document and its Spanish translation.
- Details of claiming priority.
- POA.
- Dead of Inventors' Assignment (DOA).

The DOA and POA do not require legalization; they must be simply signed by the inventors and a representative person of the applicant company. The original POA and DOA may be filed latter provided a surcharge is paid.

Examination

The examination of the application is made automatically. It is requested and paid upon filing. Industrial model applications are not published. The law does not provide for opposition proceedings.

During formal and substantive examination one or two Official Actions may arise. The term to reply the Official Actions is two months from the notification date extendable for another month provided an extension of term fee is paid.

The approximate time from the application to registration is between 2-3 years. The patent is published after being granted. The lifetime of a industrial model patent is 5 years from the application date, extendable for another 5 years.

Cancellation actions and appeals

Cancellation proceedings can be initiated by any interested party before the Office against an industrial model patent that has been registered contrary to the grounds specified in the law, for example, unpatentable industrial models, in case of erroneous identification of the inventors, etc.

ffice's final decisions may be appealed before the Havana Provincial Court in a term of 30 days from the decision's notification date