It is very important to protect in the right way both the new technical solutions and any kind of invention adopting a proper step for the registration of a patent.

In Protectia, official agency of Industrial Property, we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.

Patent registration in Bolivia: the process

The administrative authority of industrial property in Bolivia, which has, among others, the responsibility to register patents of inventions is the National Service of Intellectual Property (SENAPI, in Spanish).

The process for a patent in Bolivia follows various steps:

  • Filing of the application to the SENAPI, with all the necessary documentation.
  • Formal examination. After the application and lasted about a month, the Patent and Trademark office will make a preliminary examination to verify that the application meets the formal requirements. The applicant must respond to any comments within 60 working days.
  • Issuing of a report. Official’s opinion that values the three requirements for patentability and leave the applicant two options: appeal it, or rather rethink everything and present another patent, considering that there is secret until the publication.
  • Publication in the Bolivian Journal of industrial property. This procedure is done within 18 months from the application. From this moment, a 60 days term for oppositions it’s opened.
  • Within 6 months after the publication, it’s necessary to ask for the patentability examination.
  • Substantive examination. Once achieved the deadline for filing objections and after the payment of the relative fees, a test about patentability requirements is performed in order to determine the actual novelty of the invention.
  • Granting of the patent, payment of the concession fees and issuance of the certificate of the patent registration.

 

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 patent registration in bolivia

The average time for a patent to be granted in Bolivia is 8 years. Once is granted the patent will be valid for a non-extendible period of 20 years. Besides, during the 20 years, annual payments must be done for the maintenance of the patent´s rights.

It is important to note that Bolivia is not part of the International Treaty of Cooperation in matter of patents called PTC. In South America, along with Bolivia, Venezuela, Argentina, Uruguay and Paraguay are not part of this treaty either. Therefore, holders of an international patent application, through the PCT cannot protect their rights with this agreement to the previous process of the granting. Also, they cannot benefit from extended time period regarding the formalization of the patent application in each one of these countries, usually within a period of 30 months from the date of application.

Therefore, in case of applying for a patent, if is needed an extension of the protection to Bolivia, the only solution is to apply claiming the prior application within the 12 months period established by the Paris Union Convention.

Why choosing Protectia for the registration of a patent in Bolivia?

  • Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
  • Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of patent registration: from the moment of application to granting.
  • Resources and experience: Protectia will be your ideal partner for being highly specialized in the field. Besides, we have powerful informatics resources along with the expertise of our professional, essential to advise, develop and manage the protection of inventions in Bolivia.