How to file a patent in Paraguay?

patent in paraguay

To file a patent in Paraguay, applicants must submit the application to the National Office of Intellectual Property (DINAPI), which manages all intellectual property registration processes in the country. DINAPI does not participate in the Patent Cooperation Treaty (PCT).


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What is a patent in Paraguay?

The Paraguayan National Office of Intellectual Property grants a patent as an exclusive right that allows the holder to commercialize an invention and prevent others from copying, using, distributing, or selling it without authorization. The invention patent remains valid for 20 years.

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How to file a patent in Paraguay

The official language for patent filing in Paraguay is Spanish. 

 Our in-house translators can assist you.

To begin the application process, provide the full name and address of the applicant and inventors, whether they are individuals or part of a corporation.

Next, include the number, country, and filing date of the priority you intend to claim.

Then, submit the complete patent text, which must include the specification, claims, abstract, and any applicable drawings.

Additionally, ensure that the applicant signs the Power of Attorney.

Moreover, attach the certified copy of the priority document along with the Assignment Document.

Finally, file the entire application in Spanish. All complementary documentation must also include a corresponding Spanish translation.

It may take up to around 3 years for the Director of the DINAPI to process an application for registration. 

Also, you may need to file a trademark in Paraguay.

How is the Patent process in Paraguay?

To initiate the procedure, the applicant must submit the completed form along with all required documentation.

Then, during the preliminary examination, the Patent Office verifies whether the information provided in the forms is complete and accurate.

Next, the substantive examination phase begins. The applicant must pay the examination fees within three years from the national filing date. Once the payment is made, the patent examiner conducts a thorough search in both national and international databases to determine whether the invention meets the requirements of patentability. If the Paraguayan Patent Office issues an official action regarding patentability, the applicant must respond within 60 working days.

Finally, within the first 18 months from the national filing date—and after the preliminary examination is approved—the Patent Office orders the publication of the patent application. The applicant must publish the application for five days in two major newspapers. Afterwards, the applicant must file copies of these publications with 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.

Do you need to file a Patent in another country?

This content may suffer modifications due to updates in the official regulations of Paraguay.