20
Feb

In this article, we will be discussing a topic that generates many questions and is usually considered quite useful: The topic of patent registrations in the Dominican Republic.

I will begin by saying that patents are the most common method available to protect the rights of a creator or maker.

In the Dominican Republic, the protection of an invention through patents grants an exclusive right to its applicant for twenty years.

The patent application process in the Dominican Republic is handled by the National Office of Industrial Property (known in Spanish as ONAPI).

It is important to note that patent applications must be addressed to ONAPI, and must be accompanied by the following documents:

1. Instance containing the patent inventor’s information (or the applicant’s, in case it is a legal representative or an individual other than the inventor).
2. Title of the invention.
3. A clear and complete description of the invention.
4. A document containing one or more claims that define the topics on which they attempt to obtain an exclusive right.
5. Summary of the invention. It should contain an overview of the description and a review of the claims. It may also include the chemical formula or drawing, as applicable.
6. In case you try to claim a right of priority, specification
   and a certified copy of the corresponding foreign patent application(s).

The steps to follow are:

1. Present the application before ONAPI.
2. Review the documentation to confirm that the application was done correctly and meets the requirements established by law.
3. Within 18 months, and after payment of the corresponding fee, the application needs to be published.
4. After the publication, a period of 60 days is made available for objections.
5. In the event that there are oppositions, time is allowed to discuss them.
6. The patentability test must be completed within 6 months of the publication (this can be done even if there are oppositions).
7. After this time has elapsed, the next step to follow is an in-depth review. This examination is vital, given that it will determine the patentability of the invention.
8. After the in-depth review is completed, the National Office of Industrial Property (in the event that everything is done in accordance with the provisions of the Law), issues the appropriate title deed on the invention.

Written documentation should be sent via e-mail in Word format, drawings in JPG format and documents, in general, should be properly translated into Spanish.

The processing time for the registration of patents in the Dominican Republic is 3 to 4 years, for a period of twenty years, which is the time of validity of an invention patent. The applicant is required to make annual fee payments.