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.

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