Registering a Patent in the Dominican Republic

Patent registration in the Dominican Republic is governed by Law 20-00 on Industrial Property.

To start the process, the following information and documents are required:

1.    Applicant’s full name, address, occupation, and identity document (copy).

2.    Inventor’s full name, address, occupation, and identity document (copy).

3.    If the applicant is not the inventor, deed of assignment of the invention, authenticated at the nearest Dominican Consulate or apostilled.

4.    Title to the invention or utility model.

5.    Power of Attorney granted to the local representative, authenticated at the nearest Dominican Consulate or apostilled.

6.    Two copies of the description. As for the description itself, it must depict the invention in such clear and complete terms so as to allow for its evaluation, as well as permit any person skilled in the art to which it pertains to be able to use it. The description of the invention shall state the name of the invention and shall include the following information: (a) the technological, agricultural, scientific or other field to which the invention refers to or applies; (b) the previous technology known to the applicant that may be considered useful for understanding and examining the invention, and any reference to previous documents and publications related to said technology; c) a description of how the invention provides a solution to a certain technical problem, and the advantages of this invention compared to previous inventions that solved the same problems;(d) a brief description of the drawings, if applicable; (e) the best way known by the inventor to execute or implement the invention using examples and making references to the drawings; (f) the manner in which the invention is capable of industrial application, unless clearly evident from the description or nature of the invention;

When the invention relates to biological material that cannot be described in a manner that enables any person skilled in the subject area to use the invention, and when such material is not available to the public, the description shall be supplemented by depositing such material at an institution designated by the National Office for Intellectual Property. This must be indicated in the description, along with the name and address of the deposit institution, the date of deposit and the receipt number.

7.    One or more claims. The subject matter for which protection is sought through a patent is described by claims. The claims must be clear and concise and shall be entirely supported by the description. The claims shall contain: (a) a preamble that defines the object of the invention (this preamble shall include all known aspects of the invention considered to be state of the art); and (b) a description of the elements that make the invention novel, focusing on the aspects you want to protect.

Each main claim may be followed by one or more dependent claims, with reference to the main claim and specifying the additional features to be protected.

8.       Drawings. The applicant shall furnish a drawing whenever necessary for the understanding, evaluation and use of the invention submitted for a patent.

9.       Summary. The summary shall include a synthesis of the information disclosed in the description, an outline of claims and drawings, and, if applicable, the chemical formula or drawing best characterizing the invention. The summary shall facilitate the undestanding of the technical problem and solution contributed by the invention, as well as the principal use of the invention. The summary shall be for technical information and publication purposes, and shall not be used to determine or interpret the scope of the protection granted by the patent

10.   Date, number and filing office of any patent application or of any other type of protection that has been filed, or of registration issued by another country which refers, in whole or in part, to the same invention claimed in an application filed in the Dominican Republic or abroad.

11.   Certified copy of foreign applications for the same patent, authenticated at the nearest Dominican Consulate or apostilled, in case of claiming priority rights (PCT Applications).

12.   Electronic copies of the description, abstract, claims, drawings, or nucleotide sequences that were provided on paper.

The above documents must be provided as originals, unless otherwise specfied, and translated into Spanish. English and Spanish versions must be authenticated or apostilled separately.