Only inventions are subject of patent protection according to Costa Rican Law; and these must fulfill certain conditions, established by Law. The subject matter of an invention can be either a product, a process, a machines or a tool, and is generally defined as any creation of the human intellect that has industrial applicability.

Our law excludes from patentability the following:

  • »    Discoveries, scientific theories, mathematical methods, commercial methods, and software programs on their own; 
  • »    purely aesthetic creations, literary works, and art, in general;
  • »    plans, principles or methods that relate to business, advertisment, or economy, and those that refer to purely mental or intelectual activities or chance;
  • »    and the juxtaposition of known inventions or products, a variation in their form of use, dimensions or materials (unless the merge resulting from these has characteristics radically different from those present in the original products, and this result those not result obvious to an expert in the field);
    are not considered inventions. Also, our Law excludes from patentability:
  • »    Inventions whose commercial explotation may disrupt public order, moral values, or the health of any living being, or that may prove hazardous to the environment.
  • »    Diagnosis, therapeutic and surgical methods of treatment for persons or animals.
  • »    Plants and animals, except microorganisms that are not found in nature.
  • »    Procedures that are essentailly biological for the production of plants or animals.