Friday, 2 July 2010

Bolivia and revalidation patents: can anyone help?

Can anyone help? A reader who practises patent law outside Latin America has written to IP Tango with the following question:
"We have something called a revalidation patent in Bolivia that is pending and some regular Bolivian cases that have been considered abandoned. The system there appears to be a little quirky.

Anyway, I am wondering if revalidations are still possible? Will the existing application be voided eventually as they will cancel the type of patent, etc.

It does not concord with TRIPS but Bolivia has not honoured the TRIPS Agreement in a meaningful sense.
I would be grateful for any knowledge or advice that your readers can share".
If you can be of any assistance, please email me here and I'll forward your comment, or post your response below.

1 comment:

Pablo Kyllmann D. said...

Let me clarify you that in Bolivia we do not have a revalidation patent.

Some cases have been considered abandoned because the law says the following:

“The applicant shall request an examination be made of the patentability of the invention within six months after publication of the application, regardless of whether or not any objections have been filed. Member Countries may charge a fee for making the examination. If that period elapses without these applicant having requested the examination, their applications shall be considered to have been abandoned”.

I hope my response clarifies this matter.