To file a patent in Bolivia, it must be processed before the National Services of Intellectual Property (SENAPI), as they are the authority responsible for managing intellectual property registration applications in Bolivia. Bolivia is not a part of the Patent Cooperation Treaty (PCT).
Contact us to initiate the process of filing a patent in Bolivia. Click Here.
What is a patent in Bolivia?
A patent in Bolivia is an exclusive right granted by the Plurinational State of Bolivia, which is a member of the Andean Community of Countries since the year 2000. An invention patent will be considered new when it is not included in the state of the art, all information that has been accessible to the public by a written or oral description, use, commercialization or any other means of dissemination in the country or abroad, before the date of presentation of the patent application or , where appropriate, of the recognized priority.
How to file a patent in Bolivia?
The official language for patent filing in Bolivia is Spanish. The application must be filed with translation of any foreign language; therefore, all the documentation must be in Spanish and the signed documents must be apostilled within ten working days from the date of filing.
Our in-house translators can assist you.
Filing a patent in Bolivia must contain the following documents:
- Full name and address of the applicant, whether an individual or a corporation.
- Full name and address of the Inventors.
- A patent description.
- Abstract of the invention.
- Power of Attorney, duly signed by applicant. The due date is applied after the office action.
- Copy of any amendment made to the patent specifications if it applies.
- Certified copy of the priority document 16 months from the filing date of the Priority application.
It may take up to around 2 to 3 years for the Director of the SENAPI to process an application for registration. The Paris Convention priority can be claimed. Once the registration is complete the Director will issue a Certificate of Registration.
How is the Patent process in Bolivia?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation.
- Preliminary Examination: From an administrative process it is verified (after 30 working days) that the information on the forms is completed and adequate. If any of the formal requirements are not complete, the SENAPI will issue a notification inviting the applicant to complete the missing information or documents within a 60-day term.
- Publication: After the preliminary examination, the application must request publication in the Bolivian Journal of Industrial Property. From that moment anyone can access its content and submit comments within the next 60 days. Within the first 18 months the application can be requested to be published.
- Examination: the term to pay the Exam fee is 6 months from the date of Publication. Patent examiners conduct a search in national and international databases to determine if the application meets the requirements of patentability.
Patent term:
20 years from the date of filing of the application.
Priority:
The deadline to file the application in Bolivia is 12 months from the earliest priority date.
Grant, validity term and maintenance fees
The average time frame from application to granting of the patent is approximately 5 years. Once the patent in Bolivia is granted, it will be valid for a period of 20 years.
Some Extra Facts
PCT
Bolivia is not a signatory to the Patent Cooperation Treaty (PCT), which means national phase filing of a PCT patent is not possible. However, it is possible to claim priority for a PCT application if the national application is made within 12 months and a certified copy of the priority document is provided within 16 months of the filing date of the international application.
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Bolivia through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Argentina.
