Registration

A patent can be registered in the Plurinational State of Bolivia, which is a member of the Andean Community of Countries which includes Colombia, Ecuador and Peru, pursuant to the Andean Pact Decision No. 486 (Cartagena Agreement) 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. Power of Attorney (apostilled)
7. certified copy of priority document (if priority is claimed) (with Spanish translation)

It usually takes between 2-3 years for the Director of Industrial Property at the National Intellectual Property Service (SENAPI) in the Ministry of Productive Development and Plural Economy to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Director will issue a Certificate of Registration.

Patent Cooperation Treaty

Bolivia is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible. It is, however, possible to claim priority for a PCT application if the national application is made within 12 months and a certified copy of the priority document is provided within 16 months of the filing date of the international application.

Searches

Whilst there is no requirement to conduct a search in Bolivia 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 two weeks.

Annuity Payments

Once a patent has been registered in Bolivia there is an annual fee payable to the Bolivian Government each year. The fee is due on the anniversary of the application date. Once the fee has been paid the Director will issue an official receipt.

Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.

Expiry

A patent registration is valid for 20 years from the date of 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 the Director 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 Bolivia.

To record the assignment of a patent registration the only documentation required is the Deed of Assignment (apostilled) and a Power of Attorney (apostilled).

It usually takes between 4-6 months for the Director to process an application to record an assignment. Once the recording is complete the Director will issue a Certificate of Registration of Assignment.

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 Bolivia.

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

It usually takes between 4-6 months for the Director to process an application to record a Change of Particulars. Once the recording is complete the Director will issue a Certificate of Recording showing the change.

Our Firm

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues.

The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehensive “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. Our interactive database helps us to proactively manage each client’s portfolio efficiently and cost-effectively in an environmentally friendly and substantially paperless workplace. It also allows us to fulfil our clients’ specific reporting and invoicing requirements, including multi-currency invoicing and e-billing. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio.

As a leader in the field, HSM IP understands the value of long-term business relationships. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other offshore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Supported by HSM Chambers, an offshore law firm with experienced attorneys admitted in multiple jurisdictions, we have substantial experience in taking action to address the infringement of trade marks and patents and in the conduct of passing-off actions. We are also able to offer investigative services to identify the source of, and distributors of, infringing goods, working closely with police and customs officials as necessary.

Memberships: INTA, CITMA, MARQUES and IPCA

Contact Us

E-mail:	ip@hsmoffice.com
Web:	www.hsmoffice.com
Mail:	PO Box 31726, Grand Cayman KY1-1207, Cayman Islands.
Courier:	HSM, 68 Fort Street, George Town, Grand Cayman, Cayman Islands.
Tel:	+1 (345) 949-4766

HSM IP Ltd. is a Law Firm recognised under the Legal Practitioners (Incorporated Practice) Regulations, 2006 (as amended).

Revised June 2022