Relevant information related to patents in Venezuela

Caracas, August 17, 2021. Since August 5, 2021, the Venezuelan patent system has new developments through new criteria of great relevance, especially related to pharmaceutical products and the patent term.

After more than ten years without granting any utility patents, the Venezuelan Intellectual Property Office (SAPI) has recently resumed patent examinations, but this time under the TRIPS´ standards of the World Trade Organization. This new criteria complies with a previous announcement of October 2020, where SAPI stated that the provisions of the TRIPS agreement are of direct application and prevail over the provision of the Industrial Property Law, as long as they are more favorable for the IP owners.

It is worth remembering that the Industrial Property Law in force in Venezuela dates from 1955, and that it is clearly not harmonized with international protection standards, including TRIPS´. Among the most relevant aspects of this law contravening the international obligations acquired by Venezuela is the general exclusion of patentability for pharmaceutical products, beverages and food related products.

Through resolutions of August 5, 2021, SAPI granted three new utility patents in the chemical and pharmaceutical areas, applied in 2009, 2008 and 2012, hence, it´s now clear that those exclusions are no longer in force as they´re in contravention of the TRIPS agreement, especially the provisions of its article 27 referring to patentable matter.

Another aspect to highlight that has undergone recent changes is the patent for inventions. As the provisions of the Industrial Property Law establish it in ten years from the granting date; most recent cases have established a term of twenty years from the filing date, all in accordance with the provisions of Article 33 of the TRIPS. However, for industrial designs, the term continues to be ten years from their grant.

All these changes are beneficial for the patent system in Venezuela, which keeps keep trying to be harmonized with international protection standards.