"Third Party Public Opinions" Special Edition: American Countries

Third-party public comments refer to any person other than the invention patent applicant who helps examiners of the patent authority and the public obtain more information by providing reference documents related to the patent application before a patent application is authorized. Multiple existing technical documents related to patent applications and refer to them during the review process to achieve the purpose of public review and improve the quality of patents. Third-party public comments provide the possibility to challenge patentability before the patent is granted.

The following will introduce the relevant provisions of third-party public opinions in some countries in the Americas:

1. Chile

• Timing: Within 45 days from the date of publication of the patent application
• Requester: Any third party, but anonymity is not allowed. Because the submission of third-party public opinions in Chile is governed by the Chilean Civil Procedure Code, which stipulates that both the plaintiff and the defendant must be fully identified in the complaint.
• Required documents: Statement of opinion and related arguments: According to Article 12 of the Chilean Industrial Property Law, the parties may use all evidentiary means stipulated in the Civil Procedure Law, but the use of witness statements and affidavits is not allowed.
• Language: Spanish
• Official fees: None

2. Mexico

• Timing: Within 2 months from the date of publication of the patent application
• Requester: any third party, may remain anonymous
• Required documents: statement of opinion and relevant arguments
• Language: Spanish
• Official fees: None

3. Argentina

• Timing: Within 60 days from the date of publication of the patent application. Third-party public comments can still be submitted to INPI after this period. The difference between the two is that the Argentine Patent Office examiner must consider third-party public opinions submitted within the time limit; third-party public opinions submitted outside the time limit, as long as the opinions, prior art and other relevant evidence provided are reliable And those that are conclusive will still be considered by Argentine censors.
• Requester: any third party, may remain anonymous
• Required documents: statement of opinion and relevant arguments
• Language: Spanish
• Official fee: 4664.00 Argentine pesos

4. Uruguay

• Timing: Within 60 days from the date of publication of the patent application
• Requester: interested party. According to the provisions of Uruguay's patent law, the requester submitting a third-party public opinion must show a direct and legitimate interest relationship with the patent application being targeted. And it must be proved that the patent application against which the objection is filed has caused harm to the applicant. Documents proving relevant interest relationships must include relevant notarization, certification and other legal documents to prove/reflect that the damage has occurred.
• Required documents: statement of opinion and relevant arguments, power of attorney
• Language: Spanish
• Official fees: None

5. Colombia

• Timing: 60 days from the date of announcement
• Requester: any third party, cannot be anonymous
• Required documents: statement of opinion and relevant arguments, scanned copy of power of attorney
• Language: Spanish
• Official fee: 458,500.00 Colombian pesos