Not everyone has great ideas and, whenever they have them, they
do not dare to make them real and turn them into solutions or
products accessible to everyone. But those who indeed do it, must
follow a series of guidelines so that they may enjoy the exclusive
rights that their invention might provide. Moreover, aside from the
public recognition, an economical incentive is never a bad idea,
and even less after so much work. In this paper, we will explain
how to register a patent that once was an idea of a product or a
process, and how we can help you to make it. But before, let's
deepen into the value of a patent and why it is so important to use
What is a patent?
For the World Intellectual Property Organization (WIPO), a
patent is 'an exclusive right granted for an invention, which
is a product or a process that provides a new way of doing
something, or offers a new technical solution to a problem.'
However, not all inventions can be patented. In order to be able to
file a patent application, it is necessary that an idea or
invention fulfills certain characteristics:
It must be of practical use
– no, the drill you saw on the Internet used as a device to
eat corncobs is not practical.
It must have novelty – the
microwave oven was patented in 1946, so you'd better don't
even try to do it.
It must show an inventive element
which could not be deduced by a person with average knowledge of
the technical field – if anybody could come up with the idea,
and anybody can perform the idea like you do, we are deeply
Besides, depending on the country
and its regulation regarding this matter, certain discoveries
cannot be patented like scientific theories or medical
What is a patent use for?
To decide who will, or will not,
have access to your invention.
To give permission to third
parties to use your invention on mutually agreed terms.
To sell your rights to the
invention to a third party.
How do I apply for a patent? (Without dying in the
In Venezuela, the agency that
grants patents is the Autonomous Service for the Intellectual
Property (SAPI, by its initials in Spanish). The steps to obtain it
File a patent application for an
invention, utility model or industrial design.
In the following 30 days, SAPI
will revise the filed requirements. In the case of not fulfilling
them, the application will be returned.
If the application is returned,
the applicant has two months (with an extra two month prorogation)
to file the necessary changes.
When the requisites are accepted,
the SAPI will order the publication for the opposition of third
parties who consider that said patent may content elements which
violate previous rights. This happens around 6 months after the
When an application is published
and somebody else wants to appropriate your idea or invention, the
applicant has an extendable period of 30 to 60 days to file a
complaint, and SAPI will notify you about the situation for
you to exercise your right to defense.
If SAPI determines that the
application fulfills all the requirements, the patent will be
approved and published as so. This includes the granting of a
registration number and the issuing of a certificate.
As you may see, the formalities to
apply for a patent in Venezuela are pretty clear, but they also can
take some time (expecting everything be approved in the referred
times and that no one claims your patent. If so, add more days to
If you think that you have an
invention that might be patented or if you have doubts regarding
the steps in the corresponding formalities, in Clarke, Modet &
C° Venezuela, we may advise you to facilitate the path to
success. And if you think that you still do not have an innovative
idea, just think in all the solutions that the current world needs.
You surely have a valuable contribution to turn the world into a
better place, at the same time you will become an entrepreneur. It
does sound great, right?"
En 45 minutos haremos un rápido repaso de todas las novedades relevantes que, en el mundo de la Propiedad Industrial e Intelectual, se han producido durante en el transcurso del 2016, junto a nuestra previsión de los principales hitos que nos depara este nuevo año.
Queremos que los temas propuestos sean sólo aquéllos que más les interesen. A tal fin, hemos incluido los siguientes a partir de las consultas recibidas durante este año. No obstante, estaríamos encantados de contar con sus sugerencias.
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