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New Provisions Regarding Registration Of Industrial Designs And Drawings

Author:Mr Francisco Carey, Fernando García and Jorge Fuentes

On April 24th, 2018, the National Institute of Industrial Property (INAPI) issued a new Announcement (hereinafter, the "Announcement") related to the registration process for Industrial Designs and Drawings, allowing the authority to issue a more expedited and simple final ruling in regard to applications concerning these rights.

The main modification to the process is that if any of the Office Actions issued by the authority after the date of the Announcement, namely the Examination Report or the Examiner's Response Report, recommends the acceptance of an Industrial Design or Drawing application, and provided that no opposition has been filed, such application shall be declared in Ruling Stage without further processing.

However, applications in which the term to file a response to an Office Action recommending acceptance remains pending at the time the Announcement became enforceable shall not immediately be declared in Ruling Stage. In this case, a writ filed by the applicant waiving the pending term to file a response will be required for the application to move forward to the Ruling Stage.

Industrial Design or Drawing applications...

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