PROSECUTION GUIDELINES

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Hague Agreement on Industrial Designs: NO.

Decision 486 of the Andean Commission Community.

6 months.

NO.

• Power of Attorney, notarised and apostilled.
• Assignment document apostilled.
• Certified Priority document (can be filed late within 9 months from original filing date).
• Drawings or high quality pictures of the design in different views, there is no restriction on the number of views, however, the recommended views are: front, back, top bottom and a perspective view from the left and right side of the design.
• The applicant must also adjoin a description of the design.

YES.

NO.

• Filing.
• Formal examination.
• Publication.
• Opposition period.
• Substantive examination.
• Decision.

YES, before granting, within 30 working days from the publication. Nullity process (before Patent Office) also available after granting.

1-2 Years.

10 years from filing date. Currently, no annuity or maintenance fees apply.

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Madrid System: NO.

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common Trade Mark Law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trade mark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Trade Mark Act of 1918, which provides national complementary regulations to the Decision 486 of the Andean Community.

Nice classification, 11th edition.

Not possible.

Words, names, devices and other distinctive signs, including three-dimensional forms, colours, sounds, smells, slogans.

• Power of Attorney duly notarised and legalised within 60 working days from the official request.
• Certified copy of priority application and its translation into Spanish within 9 months from the priority application date.

• Absolute grounds for refusal: YES.
• Relative grounds for refusal: YES.

30 working days from publication date.

Approximately 9 months, unless any obstacles were raised.

10 years from the date of registration.

YES. Cancellation can be requested if the trade mark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible.

6 months prior to renewal date.

6 months.

http://www.senapi.gob.bo/

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Patent Cooperation Treaty (PCT): NO.

Decision 486 of the Andean Community.

• Patent of Invention.
• Utility Model.
• Layout of integrated circuits.
• Industrial secrets.

NO.

• Power of Attorney merely signed (no legalization required) within 60 days from office action.
• Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required under certain circumstances.
• Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

Accepted. Late submission of the Spanish translation is possible within the deadline to submit the priority document.

YES, within 6 months from publication.

NO.

YES, within 60 working days from publication.

YES, within 60 working-days from publication.

4 years.

20 years from filing date.

10 years from filing date.

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.

Yearly on aniversary date of filing also during prosecution of the application.

NOT mandatory.

YES.

http://www.senapi.gob.bo/