Under the Andean Community, the patent application may only relate to one invention or to a group of inventions so related as to constitute a single inventive concept. This is called “unity of invention”. Requirements of an application under the Andean Community: The application for a patent shall be filed with the competent national office, more…
What is compulsory licensing? The grant of a Compulsory License means that government allowed someone else to produce the patented product or process without the consent of the patent owner. Under the Andean Community provisions, a Compulsory License may be granted only Three years after the grant of the patent, or four after the application more…
Rights: Under the Andean Decision No. 486, the grant of a Patent confers to the owner a series of rights. Those rights are: Term of protection: The invention will be protected for 20 years from the filing date of the application. Scope of protection: What is protected is determined by the content of the claims, using the more…
The right to a patent shall belong to the inventor, and it may be transferred by an inter vivos transaction or by succession. The owner can be a natural person or a legal entity, and a patent can be owned by two or more persons if they have made an invention jointly. At a first more…
Under the Andean Community Provisions, Patents shall be granted for inventions (goods or processes), provided that they are new, involve an inventive step and are industrially applicable. Novelty: Dec. No. 486 establishes that an invention shall be considered new when it is not included in the state of the art. For Dec. 486, “state of art“ comprises everything that has been more…
