Venezuela: Patent and Trademark fees could decrease substantially

 

As has been the case since 2015 -and as a result of a reform of the Venezuelan Tax Law-, fees of trademarks and patents in head of foreign applicants and owners must be paid in US Dollars (at the lowest official exchange rate established by the Venezuelan Government).  However, the rates are quite onerous, since a VEF 10 X USD 1.00 exchange rate was adopted.

Notwithstanding the foregoing -and with the issuance of Central Bank of Venezuela’s Exchange Agreement No. 39 (via Official Gazette No. 41,239), Exchange Agreements 35 and 38 (which established the aforementioned exchange rate) were repealed, so it is likely that Venezuelan patent and trademark fees will decrease substantially.

Until now –and according to an Official Notice issued on 2 February 2018-, the Venezuelan Patent and Trademark Office (SAPI in Spanish) will receive paperwork without fee payment until there is a guideline about fees to be paid, admitting each procedure and indicating its filing date.  Once SAPI determines the applicable fee, it will be at the discretion of the applicant to make the payment or desist its request.

It must be taken into account that since 2014, Venezuelan IP fees are calculated in Tax Units.