Costa Rica to become the Seventh Validation State at the EPO
14 January 2025
Costa Rica has recently signed a landmark validation agreement with the European Patent Office (EPO). This means that Costa Rica will soon become the first country in Central America to allow European patents to be validated within its jurisdiction.
Once the validation agreement is in force, Costa Rica will become the seventh EPO validation state, joining Morocco, Republic of Moldova, Tunisia, Cambodia, Georgia and Laos.
Validation is the process by which a granted European patent is converted into a national patent in one or more of the EPO member states (which includes all EU states and numerous non-EU states, such as the UK, Switzerland, Turkey and Norway). European patents may also be validated in validation states, which are not EPO member states, but have entered into validation agreements with the EPO.
To make use of this system, the desired validation state(s) must be requested with payment of a fee while the European patent application is still pending. For direct European patent applications, the validation fee(s) must be paid within six months of publication of the patent application, and for Euro-PCT applications the validation fee(s) must paid on or before entry to the European regional phase.
Once granted (and subject to national law and any formal requirements) a European patent will in principle have the same effect as a national patent in the validation state. For example, a granted European patent that has been validated in Costa Rica will have the same effect as a regular national patent under Costa Rican law. This enables European patent holders more streamlined and cost-effective protection in the validation states, without requiring a separate patent examination process in those countries.
Whilst the effective date of the validation agreement between Costa Rica and the EPO has not yet been announced, Withers & Rogers is monitoring further updates.
If you have any questions about this latest development or would like to discuss its potential impact on your filing strategies, please do get in touch with your usual Withers & Rogers contact.
Ailis Shuttleworth
Life Sciences & Chemistry group
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP January 2025
