To file a patent in Venezuela, it must be processed before the Autonomous Services for Intellectual Property (SAPI), as they are the authority responsible for managing intellectual property registration applications in Venezuela. Venezuela is not a part of the Patent Cooperation Treaty (PCT).
What is a patent in Venezuela?
A patent in Venezuela is an exclusive right granted by the State of Venezuela. This right granted to the inventor allows the exclusive exploitation of the invention for a period of time, about 5 to 20 years. The owner may commercially use the invention and prevent third parties from manufacturing, selling, commercially using and importing the protected invention.
Contact us to initiate the process of filing a patent in Venezuela. Click Here.
How to file a patent in Venezuela?
The official language for patent filing in Venezuela is Spanish. The application must be filed with translation of any foreign language; therefore, all the documentation must be in Spanish. Our in-house translators can assist you.
Filing a patent in Venezuela must contain the following documents:
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- Number, country and filing date of the claimed priority”
- A patent text: Specification, Claims, Abstract and Drawings -if any- of the invention
- Priority Document: it must be filed within three months as form the application filing date, together with its sworn Spanish translation prepared by our translator.
- Proof of payment of official fees.
- Assignment Document.
- Power of Attorney, duly signed by applicant.
How is the Patent process in Venezuela?
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- Application submission: The procedure can be initiated by submitting the form and the complete documentation. Contact us to initiate the process of filing a patent in Venezuela. Click Here.
- Preliminary Examination: From an administrative process it is verified that the information on the forms is complete and adequate. If any of the formal requirements are not correct, the SAPI will issue a notification inviting the applicant to complete the missing information. If the applicant does not respond within the established periods, the application will be declared abandoned.
- Publication: The order for publication of the patent in Venezuela in the press is received after three months from the filing date. After the notification the patent must be published in the press three times, every 10 days, within 2 months from the notification. After that, the patent application is published on the Official Bulletin Generally, one month after the last publication in the press).
- Examination: The deadline for requesting examination in Venezuela is 6 months from the publication date of the application in the official gazette.
In case the Venezuelan Patent Office issues an official action on patentability matters, the applicant will be given a term to file a response.
Patent term:
20 years from the date of filing of the application. Additionally, Renewal Payments are paid annually.
Annuity:
In Venezuela, the first Annuity payment should be effected at the moment of filing. The second annuity can be paid together with the Grant Fees or prior to the anniversary of the Grant Date. Subsequent annuities are paid each year on or before the Grant Anniversary.
FAQ
- Is it possible to file a request for examination at the time of filing the application?
– No. - If an application is denied, what options does the Applicant have to continue with prosecution? (Appeals, divisional applications, continuation applications, requests for continued examination, etc.)
– The applicant may appeal the rejection filing the Reconsideration appeal at the Patent Office. Against an unfavorable decision, a Hierarchical appeal may be filed and the last instance is an appeal at the Supreme Court. - What is the average time to get a patent granted?-
About 10 years from application date.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Venezuela 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.
