Registration of Patents

Protecting new products is a strategic business decision that can be key to the success of your company. This will allow you to obtain up to 20 years the right to commercially exploit your innovation exclusively. In Cajigas & CO we are experts in registration of patents in Panama.

Requirements to register

1. Power of attorney. No legalization is required, just the client’s signature. A form may be sent upon your request. Please be informed that it is possible to file the application without a power of attorney (Additional cost of US$ 125.00), but this document must be filed within two months after the application is filed in Panama.
2. Client’s address in Panama for administrative or judicial notifications. Save otherwise instructed we will place our firm address.
3. Description of the invention/utility model which should contain the following:
   • Area of technology to which the invention will be applied.
   • Previous technology and reference to prior publications and documents connected with such technology.
   • Description of the invention in a manner that it let understand the technical problem and the solution given, as well as advantages in relation to previous technology.
   • Drawing description if any, and the drawings themselves with indication of which is the main drawing.
   • Description necessary in order to realize the invention, using examples and the drawings.
   • Manner in which the invention may be used in an activity, as long as this results from the description or nature of the invention.
   • In case of urgency, you may even send description documents in English via e-mail in which case we will file the translation later (up to 2 months after so required by the Patent Office).
4. One or more claims, which should be supported by the description.
5. A summary, containing a synthesis of what is disclosed in the description, a summary of the claims, and the drawings, and when applicable, the chemical formula or the drawing that better identifies the invention.
6. Assignment of rights signed by the inventor in favor of the applicant, also legalized by Apostille.
7. Name and address of the applicant.
8. In accordance to the Convention of Paris, a priority may be claimed for Patents and Models of Utility, within twelve months after the first application filed in another country. In case a priority is claimed, we need the name of the country or office where the first application was filed, the date it was filed, and the number of the application. Within six months after the application is filed in Panama, we must file a copy of the priority application, with its description, drawings and claims, certified by the office where it was filed. This certification must contain a statement about the date when it was filed. No Apostille or further legalization is required for this priority document.
9. In case of biological inventions, we need a certified copy of the Certificate of Deposit of the relevant microorganism made at one of the international entities recognized by the Budapest Treaty, 1977. This deposit should be made at the latest on the date the original priority application is being claimed. The name and address of the depositary institution, as well as the date of deposit and the number assigned by the institution, nature and characteristics of the material should also be disclosed.
10. The Certificate of Deposit may be filed within two months after filing the local application. Within this period the applicant must also file an irrevocable authorization to the Registrar to freely consult the biological material deposited; and an authorization to the public in general in order that anybody could also freely consult the same material.

GENERAL INFORMATION ON registration of patents in Panama AND UTILITY MODELS:

1. Disclosure occurred within twelve months prior to filing the original application will not affect the novelty of the patent or utility model whenever this had been done by the creator, his successor, or by betrayal of confidence, breach of contract or illicit act.
2. If the invention so permits, a Patent Application may be converted into a Utility Model and vice versa. Only one conversion is permitted per application.
3. Once the application is filed the Registrar proceeds to its examination. If the application complies with the law, and the applicant has already asked for a search on the status of the technique, the Registrar then proceeds to order the publication of the application. The results of the search must also be published, which if ready, can be published simultaneously with the publication of the application. The whole procedure make take approximately two years.
4. The maximum registration of patents in Panama period for a patent is 20 years non renewable, subject to payment of the corresponding duties. For a utility model it is a 10 year non renewable period.
5. Patents and Utility Models are subject to two publications, one for the application, and a second for the Technical Status Report.
6. There is no opposition procedure for patents neither for utility models.

INDUSTRIAL MODELS OR DESIGNS

In addition to the requirements detailed under numbers 1, 2, 8 and 9, the following is also needed:

1. Brief introduction, describing the industrial device and its preferred application.
2. Essential features of the industrial model or design mentioning the originality and novelty which distinguishes it and grants it its own looks and characteristics.
3. Claims.
4. Description which should briefly refer to the Drawing or Main Graphic.
5. Drawing or Graphics in frontal, lateral, elevation, horizontal or isometric views. If the model is produced in a photo or digital image, textile, paper or other flat material, its quality must be good enough to permit its reproduction.
6. If the model arose during a working relationship or by a contract, the model is property of the employer or whoever ordered the job, in which case an assignment document is not required. For this purpose, you need to mention whether the model is a result from an employment or another contract.

GENERAL INFORMATION REGARDING INDUSTRIAL MODELS AND DESIGNS

1. Disclosure occurred within twelve months prior to filing the original application will not affect the novelty of the model or design whenever it had been done by the creator, his successor, or by betrayal of confidence, breach of contract or illicit act.
2. There is no conversion allowed in the law among industrial designs and industrial models, patents and utility models.
3. Once the application is filed the Registrar proceeds to its examination. If the application complies with the law a search on the Status of the technique is ordered. Once this is done, the results of the search are published only if there is novelty in the new model/design. If no opposition is filed within two months following the publication, the registration of patents in Panama will then be granted. The whole procedure make take approximately one and a half years.
4. The maximum registration period is 10 years which may be renewed for an additional 5 years.
5. Industrial Models and Designs are subject to one publication.
6. There is an opposition procedure for Industrial Models and Designs.

Other Services related to registration of patents in Panama

1. Registration in other Latin-American countries
2. Confirmation phase in other Latin-American countries of PCT applications.