In an effort to streamline the patent granting process and foster innovation, the Dominican PTO has implemented the Accelerated Patent Grant (APG) mechanism in collaboration with the United States Patent and Trademark Office (USPTO). This initiative, already in effect, aims to provide a faster procedure for the granting of patents, benefiting both national and international inventors and companies.

What is the APG?

The APG is a mechanism that allows patent applicants to accelerate the granting process for their applications filed with Dominican PTO, based on cooperation with the USPTO. This program is especially useful for those who have already filed patent applications with the USPTO and wish to obtain rapid protection in the Dominican Republic.

Cases in which the APG applies

The APG can be applied in the following cases:

1. Patent applications that claim the priority of a corresponding application filed with the USPTO under the Paris Convention.
2. Patent applications that serve as the basis for claiming priority under the Paris Convention of the corresponding USPTO patent, including PCT patent applications that have entered the national phase.
3. Patent applications based on the same patent application to claim priority under the Paris Convention as the corresponding USPTO patent application, including PCT patent applications that have entered the national phase.

Requirements to apply for the APG

To apply for the accelerated grant of patents, the applicant must meet the following requirements:

• Have paid the examination fee for the National Phase Entry application in the Dominican Republic.
• Attach a copy of the patent granted by the USPTO, a Spanish translation of the claims and specifications, and the corresponding claim set. The translation must be submitted within six (06) months after the APG application is filed.
• The USPTO patent application must have the same earliest filing date as the one filed with Dominican PTO and must have been determined to be patentable by the USPTO.
• If the claims of the Dominican application have not yet conformed to the granted U.S. claims, a voluntary amendment must be submitted before or simultaneously with the APG application.

Benefits of the APG for the Dominican Republic

The implementation of the APG brings multiple benefits to the Dominican Republic:

• Speed in granting patents: Facilitates and accelerates the process of obtaining patents, allowing inventors to obtain legal protection more quickly.
• Promotion of innovation: By reducing the waiting time, it encourages inventors and companies to develop and protect new technologies.
• Attraction of foreign investment: International companies may view the Dominican Republic as a more attractive destination for protecting their innovations, thereby fostering investment and economic development.
• Improvement in competitiveness: The rapid granting of patents helps Dominican companies compete in the global market with strong protection for their inventions.
• Cost reduction: Reduces patent prosecution costs for international applicants who already have a granted patent with the USPTO.

Countries with APG

Currently, several countries have implemented the APG in collaboration with the USPTO, demonstrating the effectiveness and benefits of this program. These countries include, among others, Japan, South Korea, Israel, and Mexico. The Dominican Republic joins this select group of nations seeking to optimize their patent system and promote technological innovation.

The Dominican PTO is already applying these guidelines, ensuring that applicants who meet the requirements can benefit from this expedited process.

In conclusion, the implementation of the APG between the USPTO and the Dominican PTO represents a significant step towards modernizing the patent system in the Dominican Republic, providing tangible benefits for both local and foreign inventors.