By Marta Garcia
In October 2016, the Patent Department of the Dominican PTO published a new version of the guidelines for the examination of patent applications. The guidelines, which are revised yearly, are aimed at clarifying those legal and administrative criteria that are considered not to be clearly defined in the Industrial Property Law 20-00 and its Regulations.
The new guidelines introduce the following important changes:
- Regarding the criteria for the assessment of Markush claims, the guidelines establish that:
– The description must comprise at least one example for each class of substituent. If there are no examples of substituents, the invention cannot be reproduced.
– Only heterocycles that are duly exemplified will be accepted in the claims.
In practice, this means that examiners are currently requesting the limitation of Markush claims to the working examples.
– The characterization of chemical compounds shall be done not only by the melting point but also by one or more of the following methods: infrared absorption spectrum (IR), mass spectrometry (MS), nuclear magnetic resonance (NMR) or liquid chromatography (LC).
– The biological activity for the claimed compounds must be demonstrated by tests.
- With regard to divisional applications, the guidelines specify that
Upon request of the Dominican Association of Rum Producers (“Asociación Dominicana de Productores de Ron – ADOPRON”) the National Office of Industrial Property of Dominican Republic (ONAPI) is reviewing an application filed for a designation of origin for Dominican Ron.
As usually, ONAPI evaluates the pertinent criteria for the granting of the Denomination of origin (D.O.), which are stricter than for granting a Geographical Indication (G.I.). In other countries such as Guatemala and Cuba a Denomination of origin to Ron has already been granted.
The ONAPI actively promotes in Dominican Republic the registration of Geographical Indications and Denominations of Origin.
Denominations of origin are distinctive signs that associate special qualities that brought fame to a product, or to a geographical area.
Source: www.onapi.gov.do…Read More
The National Office of Industrial Property of Dominican Republic (ONAPI) has designated the Chilean Institute of Industrial Property (INAPI), as competent International Searching and Preliminary Examining Authority (ISA/IPEA) for PCT international applications filed by nationals and residents of the Dominican Republic with the ONAPI (or the International Bureau) as receiving office. The change was effective beginning July 14, 2015.
In addition to INAPI, the European Patent Office (EPO), the Spanish Patent and Trademark Office (OEPM) and the United States Patent and Trademark Office (USPTO) also act as ISA/IPEA for ONAPI.
ONAPI has joined the Chilean,Colombian, Costa Rican, Cuban, Ecuadorian, Mexican, Panamanian and Salvadorian PTOs in designating INAPI as a competent ISA/IPEA.
Source: http://www.wipo.int…Read More
Dominican Customs authorities announced recently that they destroyed 45,986 counterfeit items, including many with famous trademarks such as LOUIS VUITTON, CHANEL and LACOSTE. Apparently the products were intended for sale in the Dominican market.
The Dominican authorities initially did not enforce obligations under the TRIPS Agreement or the local Industrial Property Law, but the enforcement of border measures was kick-started following implementation of the Central America-United States Free Trade Agreement with the Dominican Republic (CAFTA-DR), or DR-CAFTA as it is known locally, which was signed in 2004.
Source: https://www.aduanas.gob.do/…Read More