applicant’s name, citizenship and address (if different from the author), and (iii) a hard copy and digital copy of the material. What criteria does my invention have to meet to obtain a patent? Inventions must be novel, involve an inventive step and have industrial applicability. Neither the Industrial Property Law nor TRIPS provide a grace period in the Venezuelan PTO’s assessment of the novelty of an invention. Accordingly, to avoid the risk of failure to satisfy the novelty requirement, the patent applicant must ensure that they have not, prior to the filing date, disclosed the subject matter of their invention. Can I obtain a patent for any product or process? Applicants may obtain a patent for any well-defined and useful product, excluding drugs, medicines or pharmaceutical compositions, including instances where a new use for a previously patented product is discovered. Substances or elements, or combinations thereof, in the public domain are also excluded from patent coverage, unless such combinations are proven unable to function separately without impairing their functionality. Processes, including processes used to obtain pharmaceutical compositions, are likewise patentable under Venezuelan law. How long do patents last in Venezuela and do they expire? Patents of inventions granted after October 1, 2020, last for a term of 20 years, whereas industrial design patents have a life span of 10 years, as of the date of the grant of the application. Patents of inventions and industrial design patents granted prior to October 1, 2020, have a life span of 10 years from the application filing date. Venezuelan patent law does not currently provide for patent term extensions. Consequently, patents expire at the end of their terms. Does Venezuela consider ‘statement of inventorships’? Yes; patent applications (including patents of invention and design patents) require filing original, apostilled declarations of inventorship, which must be signed by each inventor or patent owner. In situations where the patent applicant is different from the inventor, the applicant must submit proof of assignment along with the declaration of inventorship. Can I license my patent in Venezuela or internationally and what are the requirements to do this? Patent owners may license their patents Venezuela upon the licensor’s registration in the Venezuelan PTO. Such registration enables patent holders to enforce their rights against third parties domestically, but this does not extend to other jurisdictions. WWW.LAWYER-MONTHLY.COM 33 Dana Bentata Bentata Abogados Av. Orinoco con calle Mucuchies Torre Nordic, PH Las Mercedes, Caracas - Venezuela Tel: +58 212 6007400 Fax: +58 212 6007401 Email: dbentata@bentata.com www.bentata.com
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