Application for registration

Patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step. Essentially biological processes for the reproduction of plants and animals, biological material as found in nature, animal varieties and surgical, therapeutic or diagnostic methods of treatments for human or animals are not considered patentable inventions. Programs for computers and plant varieties do not constitute patentable subject matter either; however they may be protected by copyright and under the patent law but only through Author's Certificate way of protection, respectively.

The law allows product, process and device. Product by process claims and use claims are not accepted. The number of independent, dependent and multi-dependent claims is not limited provided there is unity of invention; however the number of claims affects the application costs.

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 invention.
- Patent specification, claims and drawings, if any, in Spanish language.
- Abstract.
- Certified priority document and its Spanish translation.
- Details of claiming priority.
- POA.
- Dead of Inventors' Assignment (DOA).

National phase of a PCT application should be filed on or before the term of 30 months from priority date. In case of PCT applications the certified priority document is not needed and the application may be filed in any PCT language provided the Spanish translation is submitted within 60 days paying a late filing surcharge.

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. Only the applications concerning pharmaceutical and agrochemical products are published after 18 months counted from the application/priority date. 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.

Unity of invention is required. If the patent application does not fulfil this requirement a divisional application may be filed. If the filing of a divisional application is requested by the Office the time limit to file it is two months from the Office's action notification date. A voluntary divisional application may be filed at any time before a notice of allowance is issued.

The approximate time from the application to registration is between 3-4 years from the application date. The patent is published after being granted. The lifetime of a patent is 10 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 a patent that has been registered contrary to the grounds specified in the law, for example, unpatentable inventions, in case of erroneous identification of the inventors, etc.

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