Historic agreement with Costa Rica renders European patent increasingly attractive

Costa Rica has become the latest country to join the list of EPO validation states after the European Patent Office and Costa Rica’s Ministry of Justice and Peace signed a historic agreement for the validation of European patents. This agreement will allow patents granted by the EPO to be recognised as national patents in Costa Rica upon payment of a simple validation fee, as Eric Enderlin explains.

Costa Rica has become the first country in the Americas to conclude a validation agreement with the European Patent Office (EPO), strengthening the protection of IP in the country and encouraging investment in the entire region. 

An unprecedented partnership in the Americas 

Following the December 2024 agreement between the EPO and Costa Rica’s Ministry of Justice and Peace, the Central American country will join a select group of six EPO validation states, including Morocco, the Republic of Moldova, Tunisia, Cambodia, Georgia and the Lao People's Democratic Republic (Laos).  

This collaboration marks a turning point for the region, which could see other states follow Costa Rica's example to attract more investment and boost their technology ecosystems. 

Simplified access to the Costa Rican market 

Once the agreement with Costa Rica enters into force, European patent holders will benefit from a simplified procedure for protecting their innovations in that country. Recognising the European patent as national patents will not only facilitate the entry of European companies into the Costa Rican market, but will also encourage trade, technology transfer and foreign direct investment. 

Extended coverage for European patents 

Thanks to this agreement, and in anticipation of the entry into force of the agreement concluded with Laos (one of the six EPO validation states with agreements already in force), a patent application filed with the EPO could potentially be valid in 47 countries.  

This mechanism further strengthens the attractiveness of the European patent system by offering inventors and companies broad protection for their innovations across several continents at low cost. (Find out more about EP validations.)

Monitoring for strategic opportunities 

Although the effective date of the agreement with Costa Rica has not yet been announced, its impact on investment and patent filing strategies will be crucial for companies looking to establish themselves in Central and Latin America. 

Novagraaf closely monitors developments relating to European and national patents worldwide to support deliver effective strategies for protecting innovations and supporting companies with their international projects. To find out more about protecting your rights in Costa Rica or any of the EPO validation states, speak to your Novagraaf attorney or contact us below. 

Eric Enderlin is Director of the Chemistry and Life Sciences Department at Novagraaf in France.