PROSECUTION GUIDELINES

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You will find here all the important information about filing trademarks, designs and patents.

Choose the country from the below options or just contact us for other territories.

Bolivia

GDP: $40.228 BILLION

IMPORTS: $12.471 BILLION

POPULATION: 11.353.142

TOTAL AREA: 1,098,581 KM2

OFFICIAL LANGUAGES: SPANISH, QUECHUA, AYMARA, GUARANÍ

CURRENCY: BOLIVIANO ($B) (BOB)

Local time:
WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Hague System: NO.

Applicable Law:

Decision 486 of the Andean Commission Community.

Grace period for filing applications, from disclosure:

6 months.

Multiple design applications -one application for different embodiments-available:

NO.

Formal filing requirements:

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.

Locarno classification:

YES.

Deferred publication:

NO.

Registration Proceeding Outline:

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

Opposition:

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

Average time from filing to grant:

1-2 Years.

Term of Protection and Maintenance:

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

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Trade Mark Law in force:

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.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

Not possible.

Registrable trade marks:

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

Formal filing requirements:

• 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.

Examination:

Absolute grounds for refusal: YES.

Relative grounds for refusal: YES.

Opposition period:

30 working days from publication date.

Average time from filing to grant:

Approximately 9 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

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.

Renewal terms:

6 months prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

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

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation

Treaty (PCT): NO

Patent Law in force:

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000)

Types of protection available:

Patent of Invention; Utility Model, layout of integrated circuits, industrial secrets

First filing requirements with the local Patent Office for inventions made by nationals:

NO.

Formal filing requirements:

• 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).

Filing of the patent application in a foreign language:

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

Substantive examination must be requested by the applicant:

YES, within 6 months from publication.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60 working days from publication.

Opposition:

YES, within 60 working-days from publication.

Average time from filing to grant:

4 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

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

Maintenance:

Maintenance: yearly on aniversary date of filing also during prosecution of the application

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

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