Patents
Invention patents and utility models
shall be checked. The invention which meets the novelty,
inventive activity and industrial applicability requirements
shall be deemed patentable. As utility model, the
practical use object, or part thereof, responsive
to industrial application which presents a new form
or disposition involving inventive action that would
cause functional improvement in its use or manufacturing
is patentable.
A) The
following items are not considered neither an invention
nor an utility model:
I - Discoveries, scientific theories and mathematical
methods;
II - Purely abstract conceptions;
III - Schemes, plans, principles or commercial,
accounting, financial, educational, advertising, allotment
or inspecting methods;
IV - Literary, architectonic, artistic and
scientific works any static creation;
V - Computer programs;
VI - Presentation of information;
VII - Game rules;
VIII - Operating and surgical methods and techniques
as well as therapeutic and diagnosis methods for application
in the human or animal bodies, and
IX - All or part of the natural living beings
and biological matters found in nature, or isolated
from it, including “genoma” or “germoplasma” of any natural living being and the natural biological
processes.
B) Absolute
novelty An invention is considered a novelty
when it is not comprised in the state of art.
C) Priority
Provided for by the Paris Union Convention or International
Organization which produces a national filing effect.
D) Publication
The application shall be kept in secret for eighteen
months as of filing or older priority. As the application
is published, all those who are concerned may obtain
a copy thereof.
E) Challenge
As of the publication of the application everyone
can present documents and information that discloses
the novelty of the invention or utility model.
F) Examination
Subject to be put on file, the examination shall be
applied for within thirty-six months as of the application's
filing date. In the event is it put on file, there
shall be a sixty-day period to have it recovered.
In case the examination results in NON PATENTABILITY,
the applicant shall be notified to manifest within
ninety days.
G) Refused
Application As the examination is completed
if the application is refused there shall be no other
applicable resource.
H) Granted
Application The compensation shall be paid
within sixty days. After such period there shall be
one more of thirty days for the recovery application.
I) Term
of duration Twenty years for the invention
and fifteen for the utility model as of the filing
date. A minimum ten-year term of duration has been
set for the invention and seven years for the utility
model as of the date it is granted in case the delay
originates from the administration or judiciary power.
J) Administration
invalidation It may be made by the office or
at the request of the interest party within six months
as of the dated it is granted.
K) License
There shall be the offer of license, the voluntary
and compulsory licenses.
