Designs and Models
– Law No. 354 on Patents of Invention, Utility Models and Industrial Designs, effective from November 25, 2000, amended on March 22, 2006, September 13, 2007 and April 3, 2020.
Membership in International Conventions
– Convention on Patents of Invention and Industrial Designs and Models signed in Buenos Aires, August 20, 1910.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 5, 1985.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 3, 1996.
– WTO’s TRIPS Agreement, since January 1, 2000.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 14, 2013.
Applicant: the author or his assignee.
Foreigners: have to appoint an attorney-at-law in Nicaragua.
Kinds of designs: (a) goods characterized by structure, shape or aesthetic ornamentation; if the shape provides an industrial result or technical improvement, protection as a utility model should be applied for; (b) arrangements of lines and/or colors applied for ornamental purposes to any class of goods.
Not registrable: if the design is characterized by a technical function or if it is a necessary form of the product.
Novelty: absolute or worldwide.
Priorities: as for “trademarks“.
Filing requirements for an application (to be sent to resident patent attorney):
1. Name and domicile of applicant;
2. Power of attorney, legalized either by Apostille or up to the Nicaraguan Consulate;
3. Description of the model or design and its peculiarities;
4. Class and subclass selected;
5. Prints or pictures of the design.
Electronic filing: not available.
Electronic signatures: are not accepted (only wet signatures).
For a change of name or address:
1. Change of name/address document, legalized either by Apostille or up to the Nicaraguan Consulate in the country where issued;
2. Power of attorney reflecting the new name/address, legalized either by Apostille or up to the Nicaraguan Consulate in the country where issued.
Formal examination: amendments/corrections of application as to form can be made within thirty business days from the official notification.
In-depth examination: is to determine if the object of the application is an industrial design and if its protection is not excluded.
Publication and remarks: an advertisement is published in the Official Gazette one time. It is possible to file remarks to the application as for “patents of invention“.
Beginning of protection: from date of grant.
Delivery of document: the registration certificate is issued in paper format.
Duration – extension: five years, renewable for two additional five-year periods. Further extension are not possible. Industrial designs also have protection for three years from the disclosure date.
Modification of Protection after Registration
Nullification actions: possible through judicial proceeding in the civil courts.
Infringement: imitation and infringement are punishable.
Penalties: as for “patents“.