Patents Laws in Bolivia
Bolivia's patent laws are governed by Law No. 19.039, which establishes the rules applicable to industrial titles and the protection of industrial property rights. This law encompasses patents, utility models, industrial designs, and trademarks, and is administered by the National Service of Intellectual Property (SENAPI)
Key Aspects of Bolivia's Patent Law
1. Patentability Criteria
To be patentable in Bolivia, an invention must meet the following criteria:
Novelty: The invention must be new and not have been disclosed to the public prior to the filing date.
Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry, including agriculture.
2. Patent Application Process
Filing: Applications must be submitted to SENAPI.
Examination: An expert report is prepared to assess compliance with patentability criteria.
Opposition: Interested parties may file objections within 60 days of publication.
Grant: If the application meets all requirements, a patent is granted.
3. Patent Duration and Maintenance
Duration: Patents are valid for 20 years from the filing date.
Maintenance: Annuity fees are due annually on the anniversary of the application date. Failure to pay these fees results in the suspension of patent rights .
4. Utility Models
Bolivia also recognizes utility models, which protect new technical solutions that provide a practical advantage. These are granted for a period of 10 years and are not subject to substantive examination .
5. International Treaties
Bolivia is a member of the Andean Community and adheres to Decision No. 486, which harmonizes industrial property laws among member countries. However, Bolivia is not a signatory to the Patent Cooperation Treaty (PCT), meaning that international patent applications cannot enter the national phase in Bolivia
6. Enforcement and Challenges
Enforcement of patent rights in Bolivia faces challenges, including limited resources for SENAPI and customs authorities, and high rates of piracy and counterfeiting. Notably, Bolivia has a strict interpretation of Article 20(b) of Decision No. 486, which prohibits the patenting of inventions that could harm human, animal, or environmental health. This has led to the rejection of certain pesticide-related patents, even when such substances are legally marketed in other Andean countries
Practical Considerations
Representation: Foreign applicants must appoint a local representative in Bolivia to handle patent matters.
Searches: While not mandatory, conducting a patentability search is advisable to assess the likelihood of grant.
Legal Assistance: Given the complexities of patent law and enforcement in Bolivia, consulting with local intellectual property law firms is recommended.
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