Venezuela Patent Guide

Registration
A patent can be registered in the Bolivarian Republic of Venezuela pursuant to the Industrial Property Law 1956 which provides for national patent applications.

The following information and documentation is required:

1. a request for the grant of the patent
2. a description of the invention
3. one or more claims and any drawings referred to in the description or any claim
4. an abstract
5. applicant’s name, address and nationality
6. Declaration of inventor (notarised and legalised / apostilled by the Venezuelan Consulate)
7. Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate)
8. certified copy of priority document (if priority is claimed)
9. certified Spanish translation of all of the above documents

It usually takes about eight years for the Director General at the Autonomous Service of Intellectual Property (SAPI) in the Ministry of Popular Power for Trade to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete SAPI will issue a Certificate of Registration.

Patent Cooperation Treaty
Venezuela is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

Searches
Whilst there is no requirement to conduct a search in Venezuela prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within 30 working days.

Expiry
A patent registration is valid for 10 years from the date of the grant of the application. Once the registration has expired it cannot be renewed.

Abandonment
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise SAPI accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Venezuela.

To record the assignment of a patent registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled by the Venezuelan Consulate) and a Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate).

It usually takes about ten years for SAPI to process an application to record an assignment. Once the recording is complete SAPI will issue a Publication of Assignment in the Official Gazette.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Venezuela.

To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change (notarised and legalised / apostilled by the Venezuelan Consulate) and a Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate).

It usually takes about ten years for SAPI to process an application to record a Change of Particulars. Once the recording is complete SAPI will issue a Publication of the Change in the Official Gazette.