To file a patent in Paraguay, it must be processed before the National Office of Intellectual Property (DINAPI), as they are the authority responsible for managing intellectual property registration applications in Paraguay. They are not a Party to the Patent Cooperation Treaty (PCT).
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What is a patent in Paraguay?
A patent in Paraguay is an exclusive right granted by the Paraguayan National Office of Intellectual Property to commercialize an invention or inventions and to prevent anyone from copying, using, distributing or selling the invention without permission. The duration of an invention patent is 20 years.
How to file a patent in Paraguay
The official language for patent filing in Paraguay is Spanish.
Our in-house translators can assist you.
- Full name and address of the applicant and inventors whether an individual or a corporation.
- Number, Country and filing date of the priority to be claimed.
- A patent text: Specification, Claims, Abstract and Drawings (if any).
- Power of Attorney, duly signed by applicant.
- Certified copy of the priority document and Assignment Document.
- Spanish Translations: The application must be filed in Spanish, and all complementary documentation must be accompanied by its Spanish translation.
It may take up to around 3 years for the Director of the DINAPI to process an application for registration.
How is the Patent process in Paraguay?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation.
- Preliminary Examination: From an administrative process it is verified that the information on the forms is complete and adequate.
- Substantive Examination: Payment of the Examination Fees must be effected within 3 years as from the national filing date. Afterwards, the Patent Examiner conducts a search in national and international databases to determine if the application meets the requirements of patentability.In case the Paraguayan Patent Office issues an official action on patentability matters, the applicant will have a 60 working day term to file a response
- Publication: Within the first 18 months from the national filing date, after the preliminary examination is approved, the Patent Office issues the order to publish the patent application for 5 days in two newspapers of major circulation. Afterwards, a copy of such publications must be filed at the Paraguayan Patent Office.
Patent term:
20 years from the date of filing of the application. Additionally, Renewal Payments are paid annually.
Grant, validity term and maintenance fees
The average time frame from application to granting of the patent is approximately 3 years. Once the patent in Paraguay is granted, it will be valid for a period of 20 years.
Maintenance Fees are paid annually. The first payable annuity is the 3rd and it is calculated 3 years from the national filing date (the year in which the application was filed is considered as the 1st year).
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Paraguay through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
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This content may suffer modifications due to updates in the official regulations of Argentina.
