In 1996 Law 35 was approved, which aims to protect inventions, utility models, industrial designs, trademarks of products and services, collective and guarantee trademarks, indications of origin, appellations of origin, commercial names, and advertising expressions and signs.
The authority in charge of enforcing this law is the General Directorate of Industrial Property Registration of the Ministry of Commerce and Industries (DIGERPI).
According to the law, new inventions are patentable. The natural person who makes such an invention or model will have the exclusive right to exploit it.
What is not considered an invention under this law?
- Theoretical or scientific principles.
- The discovery of something that already existed in nature, even though it was previously unknown.
- Plans, schemes, business principles, mental activities, and games.
- Computer programs.
- Forms of information presentation.
- Aesthetic creations and artistic or literary works.
- Medical treatments on humans or animals.
- The juxtaposition of known inventions or a mixture of known products.
- Inventions contrary to national laws.
According to the law, patents will be valid for 20 years, without extension, counted from the filing date of the application. The application must be filed by an attorney before the DIGERPI together with a description and proof of payment of the corresponding fee.
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