Bolivia Patent Guide
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.
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.
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.
A patent registration is valid for 20 years from the date of application. Once the registration has expired it cannot be renewed.
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.
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.