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Legislative Implementation of Flexibilities - Nicaragua

Title:Articles 3, 62-65 of the Law No. 354 on Patents, Utility Models and Industrial Designs of 19/09/2000
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

3. "utility model" means an invention consisting of a shape, configuration or arrangement of the components of any object, or of a part thereof, that gives it a certain technical effect in its manufacture, operation or use;

62. The following may not be the subject matter of a utility model patent:

(a) processes;

(b) chemical, metallurgical or any other substances or compositions;

(c) subject matter excluded from invention patent protection under this Law.

Utility Model Patentability Requirements

63. A utility model shall be patentable when it is industrially applicable and novel. It shall not be considered novel where it does not add any discernible utilitarian characteristic to the state of the art.

Utility Model Unity Requirements

64. An application for a utility model patent may only relate to one object or to a set of two or more parts that constitute a functional unit. Two or more elements or aspects of that object or unit may be claimed in the same application.

Term of the Utility Model Patent

65. A utility model patent shall have a non-renewable term of 10 years, counted from the filing date of the application therefor.

Application of Provisions to Utility Models

66. The provisions relating to patents shall be applicable to utility models where appropriate.