Insights on Lesser-Known Countries:
Patent Law in South America
To stay up to date with patent law in countries beyond the typical powerhouses like the United States and Europe, in this weekly post, we’ll explore the patent laws of some lesser-known countries. This week we will focus on South American countries.
First up is Uruguay, which boasts a straightforward patent application process. However, it’s worth noting that the country does not have a substantive examination process for patent applications. This means that any patent that is granted in Uruguay will not be examined for novelty or non-obviousness.
Next, we have Paraguay, which has a unique requirement for a mandatory substantive examination before a patent can be granted. This may result in a longer process, but it does ensure that granted patents have met certain standards of novelty and non-obviousness.
Moving on to Bolivia, the Bolivian patent office conducts a substantive examination to determine if the invention meets the requirements of novelty and non-obviousness. If successful, the patent will be granted for up to 20 years from the date of application. However, Bolivia also has a compulsory licensing system, which allows the government to grant licenses to third parties to use a patented invention without the consent of the patent owner in certain situations.
In Colombia, patent protection lasts for 20 years from the date of application. In addition, the country has implemented a substantive examination process for patent applications, ensuring that only novel and non-obvious inventions are granted patents.
Finally, in Venezuela, patent protection is also available for up to 20 years from the date of application. However, it’s important to note that the country has been experiencing political and economic instability in recent years, which may have implications for patent enforcement.
In conclusion, each South American country has its own unique patent laws and requirements. It’s crucial for anyone involved in the patent practice to stay informed and aware of these nuances. Contact WIPA’s experts if you require guidance to ensure the proper IP protection of your company’s innovations.