It is finally possible to file national patent applications in Andorra, with effect from 25th January 2016.   The new law, which was dated 30th October 2014, and the Implementing Regulations, which were dated 22nd July 2015, seek compliance with the Paris Convention (to which Andorra is already a signatory) and the TRIPS Agreement.

 

Inter alia, the law and Regulations provide that a patent application will not be substantively examined unless it is considered that there is an obvious lack of novelty.  Therefore, the procedure is generally a simple depositary system.    However, there will be a requirement for proof of novelty, inventive step and industrial applicability before any actions can be taken to enforce rights in the patent.   It appears that the grant of national patents will only be possible until Andorra signs an agreement with the EPO for the validation of European patents and adheres to the PCT. 

 

Patents, once granted, will have a duration of 20 years from their  filing date.  The first two annuity fees will be included in the filing fee, such that annuities will only become payable on the 2nd and each subsequent anniversary thereof.  However, an annuity may be paid up to the end of the month containing  the relevant anniversary of the filing date.