To file a patent in Venezuela, applicants must submit their application to the Autonomous Services for Intellectual Property (SAPI), the authority responsible for managing intellectual property registrations in the country. SAPI does not operate under the Patent Cooperation Treaty (PCT), as Venezuela is not a member.
What is a patent in Venezuela?
The State of Venezuela grants a patent as an exclusive right to the inventor. This right allows the inventor to exploit the invention commercially for a period ranging from 5 to 20 years. The patent owner may use the invention in the market and prevent third parties from manufacturing, selling, using, or importing the protected invention without authorization.
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:
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Provide the full name and address of the applicant and inventors, whether an individual or a corporation.
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Indicate the number, country, and filing date of the claimed priority.
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Submit the patent text, including the Specification, Claims, Abstract, and Drawings (if any).
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File the certified priority document within three months from the application filing date, along with its sworn Spanish translation prepared by our translator.
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Present proof of payment of the official fees.
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Submit the Assignment Document.
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Sign and submit the Power of Attorney by the applicant.
How is the Patent process in Venezuela?
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Application Submission:
To initiate the process, applicants must submit the form along with the complete documentation. Additionally, you can contact us to begin filing a patent in Venezuela. Click Here.Preliminary Examination:
Next, SAPI conducts a preliminary review to verify that the submitted forms contain complete and accurate information. If any formal requirements are missing or incorrect, SAPI will notify the applicant to provide the necessary corrections. However, if the applicant fails to respond within the established time frame, the application will be considered abandoned.Publication:
Following the preliminary examination, SAPI issues the publication order approximately three months after the filing date. Then, the applicant must publish the patent in a newspaper three times, every 10 days, within two months from the date of notification. Subsequently, the application is published in the Official Bulletin, typically one month after the last newspaper publication.Examination:
Finally, the applicant must request substantive examination within six months from the publication date of the application in the Official Gazette.
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.
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This content may suffer modifications due to updates in the official regulations of Venezuela.
