Business brief 2017: Venezuela
Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
In order to secure patent rights in Venezuela, applicants should file a patent application at the Venezuelan patent office, the Servicio Autónomo de la Propiedad Intelectual (SAPI). As in most countries, patents are territorial. Priority rights may be claimed as Venezuela is a member of the Paris Convention. Venezuela is not member of the Patent Cooperation Treaty, however.
Where can you find information on existing patents in your jurisdiction?
Most information is available in the database of SAPI, specifically on the website www.sapi.gob.ve. Generally, patent information posted in this database is very accurate for documents published in the last 25 years.
Is there anything unusual about the patent law that companies should be aware of, and what are the most common mistakes businesses make?
The term of protection of Venezuelan patents is ten years from the date of grant. It is not necessary to request the examination of patentability of the application. Chemicals of any type, including pharmaceuticals, are not patentable. Protection is only allowed for the procedures for obtaining such products. Protection for any living organism including microorganisms and plant varieties is also not permitted. The first annuity must be paid upon filing.
