Invention Patents, Utility Models, and Industrial Designs: How to Protect Innovations in the Dominican Republic

Protecting innovations is essential to fostering creativity, investment, and competitiveness in the marketplace. In the Dominican Republic, Law No. 20-00 on Industrial Property establishes various legal mechanisms to protect inventions and designs. These mechanisms include invention patents, utility models, and industrial designs, each aimed at protecting different types of innovation. This article explains the differences between them, the requirements for filing, and the process to obtain legal protection.

What is an Invention Patent?

Law 20-00 defines an invention as any idea, a creation of the human intellect, capable of industrial application that meets the patentability requirements set forth in the law. It may refer to a product or a process.

An invention patent grants exclusive rights over an invention that meets certain technical requirements. This right allows the holder to prevent others from making, using, or selling the invention without consent for a specified period of time.

To be patentable in the Dominican Republic, an invention must meet the following criteria:

• Novelty: The invention must be new; that is, it must not have been disclosed anywhere in the world before.
• Inventive Step: The invention must not be obvious to a person skilled in the relevant field.
• Industrial Applicability: It must be capable of being manufactured or used in some kind of industry.

The duration of an invention patent is 20 years from the filing date, non-renewable, and subject to the payment of annual maintenance fees.

What is a Utility Model?

Utility models are a form of protection granted to less complex inventions which, although they may not meet all the requirements for an invention patent, present a novelty that provides a significant technical improvement to an existing object. In other words, it gives the object a new utility, advantage, or technical effect.

While utility models are also protected through the granting of patents, the process is generally more accessible and faster, as it involves a less rigorous examination.

Key characteristics of utility models:

• Require a lower level of inventiveness than invention patents.
• Duration is 15 years, non-renewable, and also subject to annual maintenance fees.
• The granting process is faster and less costly than that of invention patents.

 

What is an Industrial Design?

An industrial design refers to the protection of the aesthetic appearance of a product. It is not a technical invention but rather the shape, design, or ornamental details that make a product visually attractive and unique. Industrial designs include shapes, colors, lines, and textures that give an item a distinctive look without altering its function or use.

To be patentable in the Dominican Republic, an industrial design must meet the following requirements:

• Novelty: The design must be new and not previously disclosed or made available to the public.
• Originality: It must have a unique character that is not obvious to an expert in the field.

The duration of an industrial design is 5 years, with the possibility of two renewals of 5 years each.

 

Who can apply for a Patent, Utility Model, or Industrial Design?

Any person, whether Dominican or foreign, can apply for the protection of their innovations in the Dominican Republic. Foreign applicants must appoint a legal representative in the country, who will handle the process before the National Office of Industrial Property (ONAPI).

 

Application process for Patents, Utility Models, and Industrial Designs

The process to register a patent, utility model, or industrial design before ONAPI in the Dominican Republic includes the following general steps:

1. Filing the application: Submit the appropriate form along with the technical description, required drawings or images, and payment of applicable fees.
2. Formal examination: ONAPI verifies whether the application complies with the formal requirements established by law.
3. Publication: Once accepted, the application is published in the Official Gazette to make it publicly available and opposable to third parties.
4. Substantive examination (for patents): In the case of invention patents, ONAPI conducts a thorough examination to verify that the invention meets the requirements of novelty, inventive step, and industrial applicability.
5. Grant or Rejection: If approved, ONAPI will issue a Grant Resolution, and the applicant must pay the fees for the second publication. If rejected, the applicant may seek reconsideration or appeal to defend the registration.
6. Issuance of the Registration Certificate: After payment for the publication of the grant, the application is republished, and ONAPI issues the official registration certificate.

 

Final considerations

Protecting innovations through invention patents, utility models, and industrial designs offers significant advantages to creators, companies, and entrepreneurs seeking to safeguard their developments and gain exclusivity over their use. This system not only protects intellectual efforts but also enhances the commercial value of inventions, allowing owners to license, transfer, or commercially exploit their innovations more efficiently.

These rights ensure that developers maintain control over the use of their creations and prevent unauthorized reproduction. This, in turn, helps sustain a competitive edge and promotes investment in research and development (R&D) in the country, giving innovators the confidence that their work will be protected and monetizable.

Having a sound industrial property protection strategy is crucial for any entrepreneur or business aiming to stand out in an increasingly competitive and dynamic global market. It’s not just about protecting an idea or product—it’s about establishing a solid market position and building a portfolio of intangible assets that support the company’s growth and sustainability.

Therefore, it is advisable to become familiar with and take advantage of the various legal tools available in the Dominican Republic to protect creativity and innovation. Law 20-00, along with the tools and resources offered by ONAPI, provides a strong legal framework for those seeking to safeguard their creations. Moreover, having the right legal advice can be key to preserving exclusivity and maximizing the value of one’s intellectual property.

 

References:
Law No. 20-00 on Industrial Property