PROSECUTION GUIDELINES

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Hague Agreement on Industrial Designs: NO.

Industrial Property Law 35, amended by Law 61.

3 years, provided that disclosure is made in Panama.

YES, although the Law in Panama does not foresee multiple applications, in practice, multiple applications are filed. However, the examiner may request division of the application.

• Power of Attorney, notarised and legalised by means of the Apostille or before Panamanian Consul.
• Assignment document, executed and signed by all the parties (applicant and inventors), attested by a Notary Public, and duly legalised by means of the Apostille or before the Panamanian Consulate.
• Name of the design.
• Description of the design and drawings.
• Claims. 3 sets of drawings.
• A summary or abstract of the design, which is a brief explanation provided in the description, claims and drawings.
• Certified copy of the priority document, when applicable.

YES.

NO.

• FIling.
• Formal and substantive examination.
• Publication.
• Oppositions.
• Decision.

YES. Any interested party can file opposition within 2 months from the publication date. Cancellation actions can also be filed, within 5 years from granting, except in case of bad faith.

8-18 months.

10 years, renewable once for a further 5-year period.

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Madrid System: NO.

Law 35 dated 10 May 1996, modified by Law 61 dated 5 October 2012.

Nice classification, 10th edition.

YES.

Distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs as well as sound, smell and taste marks.

• Power of Attorney merely signed (no legalisation and no notarisation required) within 2 months from application date.
• Certified copy of the priority application and its translation into Spanish within 6 months from the application date.

• Absolute grounds for refusal: YES.
• Relative grounds for refusal: YES.

2 months counting from the publication.

Approximately 12 months, unless any obstacles were raised.

10 years from the application date.

YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is possible.

1 year prior to renewal date.

6 months.

https://www.digerpi.gob.pa/

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 31 months.

Patent Law 6867/1983.

• Patent of Invention.
• Utility Model.

NO.

• Power of Attorney duly notarized within 90 days from filing.
• Assignment document from the inventors duly notarized and legalized (which may be substituted by a sworn declaration by the representative) within 60 days from office action.
• Certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

Accepted. Late submission of the Spanish translation is possible within 60 days from office action.

YES, within 15-working days after receipt of official request.

NO.

YES, within three months from the third publication.

YES, within three months from the third publication.

5-6 years.

20 years from filing date.

10 years from filing date.

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.

Yearly after grant, only for patents.

NOT mandatory.

YES.

https://www.digerpi.gob.pa/