Bolivia belongs to the following patent-related international treaties:

• Paris Convention
• TRIPS
• Other: Decision 486 of the Andean Community

Inventions protections available in Bolivia include:

• Inventions
• Utility models
• Other: Industrial designs

The following subject matter is excluded from patent protection in Bolivia:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: (a) discoveries, scientific theories and mathematical methods; (b) the entirety or part of living beings as encountered in nature, natural biological processes, biological material existing in nature or which may be isolated, including the genome or germplasm of any natural living being; (c) literary and artistic works or any other work protected by copyright; (d) plans, rules and methods for the pursuit of intellectual activities, the playing of games or the conduct of economic and business activities; (e) computer programs or software as such; and (f) methods of presenting the information.

Required documents and information required for filing a national patent application in Bolivia include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Deed of Assignment
• Other: Certified copy of Priority Document, if a Priority is claimed according to the Paris Convention

Yes, it is possible to request early publication or deferment of publication in Bolivia. When 18 months have elapsed following the filing date of the application in the member country, or where applicable following the priority date claimed, the file shall be declared public and may be inspected, and the competent national office shall order the publication of the application pursuant to national legislation. Notwithstanding the provisions of the foregoing paragraph, the applicant may request publication of the application at any time, provided that the examination has been completed. In such a case the competent national office shall order such publication.

Yes, the applicant has a provisional right upon publication of an application in Bolivia. The patent shall have a term of 20 years from the filing date of the application for it in the member country concerned. The scope of the protection conferred by the patent shall be determined by the content of the claims. The description and drawings and any biological material deposited shall be used for their interpretation. The patent shall confer on its owner the right to prevent third parties who do not have his consent from engaging in any of the following acts: (a) where the patent claims a product: (i) manufacturing the product; (ii) offering the product for sale, selling or using it, or importing it for any of those purposes; and (b) where the patent claims a process: (i) using the process; or (ii) carrying out any of the acts mentioned under subparagraph (a) in relation to a product obtained directly by means of the process.

It is possible to file voluntary amendments in Bolivia at the following times:

• At any time during prosecution
• Other: The applicant for a patent for an invention may at any time in the processing of the application request that it be converted into an application for a utility model patent. The conversion of the application shall only be allowed when the nature of the invention permits. The request for conversion of an application may be filed only once. The converted application shall retain the filing date of the original application. Competent national offices may suggest the conversion of the application at any stage in the processing thereof, and may also charge an additional fee for the filing of conversion requests. The applicant may accept or reject the suggestion, on the understanding that, if it is rejected, processing of the application in respect of the type of rights originally applied for shall continue. The applicant may, at any stage in the processing, divide his application into two or more divisional applications, but none of them may involve any broadening of the protection accorded to the disclosure contained in the original application. The competent national office may, at any stage in the proceedings, require the applicant to divide the application if it does not fulfill the condition of the unity of invention. Every divisional application shall have the same filing date and, where applicable, the same priority date, as the original application. Where multiple or partial priorities have been claimed, the applicant or the competent national office shall specify the priority date or dates corresponding to the subject matter that should be covered by each of the divisional applications. For the purposes of the division of an application, the applicant shall file such documents as may be necessary to make the corresponding divisional applications complete. The applicant may, at any stage in the proceedings, merge two or more applications into one, but that may not involve any broadening of the protection that would have been accorded to the disclosure contained in the initial applications. No merging shall be allowed where the merged application would include inventions that do not meet the condition of the unity of invention provided for in Article 25. The merged application shall have the same filing date, and where applicable the same priority date or dates, as have been accorded to the subject matter contained in the initial applications. 

Yes, it is required to file a request for substantive examination in Bolivia. Within a period of six months following the publication of the application, regardless of whether or not oppositions have been filed, the applicant shall request that the invention be examined for patentability. Member countries may charge a fee for the conduct of that examination. Where the said period expires without the applicant having requested examination, the application shall lapse.

Yes, there is a third-party opposition procedure upon publication or after grant in Bolivia. Within a period of 60 days following the publication date, any person having a legitimate interest may file one reasoned opposition contesting the patentability of the invention. At the request of a party, the competent national office shall grant one additional period of 60 days for the substantiation of the opposition. Reckless oppositions may be punished if national legislation so provides.

The time period from application to grant in Bolivia is between 2-3 years.

Yes, there is a process for accelerated examination of an application in Bolivia. When 18 months have elapsed following the filing date of the application in the member country, or where applicable following the priority date claimed, the file shall be declared public and may be inspected, and the competent national office shall order the publication of the application pursuant to national legislation. Notwithstanding the provisions of the foregoing paragraph, the applicant may request publication of the application at any time, provided that the examination has been completed. In such a case the competent national office shall order such publication.  

Yes, it is required to pay an annuity to maintain the validity of a patent in Bolivia. 

No, late payment of an annuity is not permissible in Bolivia. In order to keep the patent in force or maintain a pending patent application, as the case may be, annual fees shall be paid as provided by the competent national office. Annual fees shall be paid annually in advance. The due date of each annual fee shall be the last day of the month in which the application was filed. Two or more annual fees may be paid in advance. An annual fee may be paid within a six-month period of grace following the starting date of the corresponding annual period, provided that the prescribed surcharge is paid at the same time. During the grace period, the patent or patent application shall remain in full force. Failure to pay an annual fee under this Article shall cause the patent or patent application to lapse as of right. 

Available enforcement methods in Bolivia include:

• Administrative enforcement
• Criminal enforcement
• Border measures
• Other: The owner of rights protected under this decision may bring an action before the competent national authority against any person who infringes his rights. He may also proceed against any person who engages in acts that indicate the imminence of an infringement. Where the domestic legislation of the member country permits, the competent national authority may institute the infringement proceedings provided for in the said legislation ex officio. In the case of joint ownership of rights, any of the joint owners may bring an action for infringement without the consent of the others being necessary, except where otherwise agreed between the joint owners. The owner of a patent shall have the right to bring legal action for damages and prejudice for unauthorized use of the invention or utility model during the period between the date on which it acquires public character and the relevant application may be consulted, and the date of grant of the patent. Compensation shall be available only in respect of the subject matter covered by the patent granted and shall be calculated according to the exploitation actually engaged in by the defendant during the period in question. 

None identified.