Late filing of Power of Attorney no longer possible
In October 2010 the Venezuelan PTO issued an official announcement, informing that applications not accompanied by the Power of Attorney granted by the applicant will not be accepted. The late filing of this document has been abolished. Until the ending of March 2011 this resolution was not considered, however, it has now become effective and applications without Power of Attorney will not be accepted from now on.
This resolution will specially affect those applicants, who have never filed an application in Venezuela and those first-time applicants, who wish to claim a foreign priority, since their local representatives will probably not count with the pertinent Power if the order is received in very short notice before the priority deadline. Thus, it will not be possible to file the application without the requested Power and the priority will drop. In such cases, the applications will have to be filed without claiming the priority. However, the risk of not claiming priority is not significant in Venezuela, since according to the local practice and experience, conflicts related to priorities are minimum and practically inexistent.
Copies of the Powers will not be accepted either; only original Powers duly legalized will be valid.
In light of the above, we recommend planning the filing of applications in Venezuela with sufficient time (at least one month before the priority deadline), so as to be able to file same with the requested Power, mainly if the application at issue will claim a foreign priority.
Following the former news regarding the resolution of the Venezuelan Trademark and Patent Office rescinding the late filing of Powers of Attorney for new applications of any type filed with this authority (patents, trademarks, industrial designs) please find below additional information to this matter:
- Although the above resolution was issued in October 2010 same became effective on March 30, 2011 without previous warning. The information was verbally informed by the PTO officers, who are in charge of receiving the application filings.
- Until now, the resolution involves only new trademark and patent applications (incl. industrial designs), but no specific mention has been made regarding requirements for renewal proceedings.
- Applications filed before March 30, 2011 will follow the normal course; in those cases the PTO will officially publish a term to complete the formal requirements.
- It is still possible to file general powers, i.e. for all IP matters of the applicant.
- The Priority documents for trademark or patent applications are not involved in this resolution, therefore same can still be filed later, namely within 9 months (trademarks) and 16 months (patents) as from the filing date of the Venezuelan applications.