Patents Laws in Venezuela
Here’s a detailed overview of patent laws in Venezuela:
Patent Laws in Venezuela
1. Governing Legislation
Patents in Venezuela are regulated primarily by:
Industrial Property Law (Ley de Propiedad Industrial) — latest version from 2005, amended several times.
Administered by the National Service of Intellectual Property (SENAPI), known locally as Servicio Autónomo de la Propiedad Intelectual.
2. Patentability Requirements
An invention must meet the following criteria:
Novelty — must not be part of the prior art anywhere in the world.
Inventive Step — non-obvious to a person skilled in the art.
Industrial Applicability — capable of being made or used in any kind of industry.
3. Non-Patentable Subject Matter
Similar to other jurisdictions, patents are not granted for:
Discoveries and scientific theories.
Mathematical methods.
Aesthetic creations.
Schemes, rules, and methods for performing mental acts, playing games, or doing business.
Computer programs as such.
Methods of medical treatment applied to humans or animals.
4. Patent Application Procedure
Applications must be filed with SENAPI.
The official language is Spanish.
The process includes:
Formal examination
Substantive examination
Publication of the application
Grant of patent, subject to opposition period
5. Patent Term and Maintenance
Patents last for 20 years from the filing date.
Annual maintenance fees are required to keep the patent valid.
6. International Treaties
Venezuela is a party to:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT) — allowing international patent applications to enter Venezuela.
Madrid Protocol (trademarks)
WIPO membership
Venezuela is not a member of the European Patent Convention (EPC).
7. Patent Enforcement
Patent holders can enforce rights via civil litigation in Venezuelan courts, which may include:
Injunctions to stop infringement.
Compensation for damages.
Seizure of infringing goods.
8. Summary
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Law (2005) |
| Patent Office | SENAPI (Servicio Autónomo de la Propiedad Intelectual) |
| Patentability | Novelty, inventive step, industrial applicability |
| Patent Term | 20 years from filing date |
| Language | Spanish |
| International Treaties | Paris Convention, PCT, WIPO |
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