do business in the Dominican Republic - Pellerano & Herrera

Pellerano & HerreraAttorneys at law111a) PatentsPatents may be obtained to protect inventions, utility models and industrialdesigns.Inventions are defined as any idea or creation of the human intellect, whetherrelated to products or processes, capable of being applied to industry. Notpatentable subject matter includes:1. Discoveries already existing in nature, scientific theories and mathematicmethods,2. Solely aesthetic creations,3. Presentations of information,4. Computer programs,5. Therapeutic,chirurgical or diagnostic methods for human or animal treatment,6. Living matter and substances already existing in nature, and7. New uses of patented products or processes.Furthermore, inventions whose exploitation goes against public order or moral,or which may be clearly prejudicial to health,human life or the environment,maynot be patented or published.The same goes for plants and animals, as well as foressentially biological processes for the production thereof. In this regard, onlynon-biological or microbiologic process may be patented, while vegetable inventionswill be regulated by special legislation.Inventions must be of practical industrial use: capable of being produced or usedin any of the types of industry, including the service industry.They must also be novel: be unknown in the body of existing technical knowledge,whichcomprises anything that has been published or made available to thepublic anywhere in the world, whether by written publication, oral disclosure,commercialisation, use, or any other method, before the date of the local or(when applicable) foreign patent application.Disclosure made within one year prior to the patent application is not taken intoaccount, provided it has been made directly or indirectly by the inventor orhis/her representatives, or resulted from breach of trust or contract, or illegalacts, committed against them.Furthermore, inventions must show an inventive step: they must not be capableof being deducted,by a person with knowledge in the technical field,or from therespective body of existing technical knowledge.Patent applications may be filed with the National Office of Industrial Property,and must contain the following elements:Identification of the inventor, applicant (if different) and legal representatives;Proof of title over the invention;Name,description,one or more claims,drawings and summary of the invention;andPayment of respective fees.Applications have priority over later applications regarding the same invention.The date of application is that of filing when the filed application complies with