ECUADOR – ANDEAN COMMUNITY | Patents | Andean Community Secretariat: High fees in Ecuador patent prosecution does not infringe Andean regulations (for now)
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By means of Opinion N° 0002/2016, the Andean Community Secretariat refused to consider a complaint from a Colombian patent applicant against the Republic of Ecuador arguing the Ecuadorian Patent Office (IEPI) fees were exorbitant and made entering the Ecuadorian national phase prohibitive.
The Secretariat dismissed the complaint arguing the patent applicant had not demonstrated legitimate interest and therefore had no standing. Specifically, the Secretariat argued that since the applicant had not actually filed its application and disbursed the fees, no damage had occurred.
The Secretariat further considered that, under Andean law, Ecuador had absolute and unfettered discretion to set the fees it considered.
Maintaining a patent alive in Ecuador exceeds USD $120,000 in annuities. The initial filing fee, including upfront annuity payments, are approximately USD $5,000 (excluding claim overage). Replying to an office action can typically generate fees exceeding USD $15,000 based on specification page count.
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COLOMBIA | Intellectual Property – Patents | OlarteMoure joins the Pacts for Innovation Initiative
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OlarteMoure has been registered as a provider to the Pacts for Innovation initiative, promoted by the Colombian Administrative Department of Science, Technology and Innovation (Colciencias in Spanish) and advised by Ruta N Medellin, among others.
Pacts for Innovation is one of the strategies adopted by the Colombian Government to achieve in 2019 a Gross Domestic Product investment exceeding 1% in science, technology and innovation. It aims to strengthen the commitment of companies to invest in innovation.
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US | Patents| The U.S. Patent and Trademark Office (USPTO) issued new examples on eligibility of subject-matter particularly related to life sciences
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These additional illustrative examples are based on the “2014 Interim Guidance on Patent Subject Matter Eligibility, 79 Fed. Reg. 74,618” issued in December, 2014, which guides the USPTO Examiners to determine subject matter eligibility, in view of recent decisions by the U.S. Supreme Court, particularly addressing issues on “abstract ideas” and “laws of nature/natural principles, natural phenomena, and/or natural products.”
