To file a patent in Uruguay, the process must be conducted through the National Directorate of Industrial Property (DNPI), which is responsible for managing intellectual property registration applications, including patents, in Uruguay.
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What is a patent in Uruguay?
In Uruguay, a patent is a legal document issued by the government that grants inventors exclusive rights to their inventions. These exclusive rights enable the patent owner to prohibit others from manufacturing, using, selling, or importing the patented invention without prior authorization. In essence, a patent is a form of intellectual property protection, recognizing and rewarding inventors for their innovative contributions
How to file a Patent in Uruguay?
In Uruguay, the official language for patent filing is Spanish, all patent applications must be submitted in Spanish. Filing a patent application in a foreign language is generally not allowed.
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What documents are required to file a patent in Uruguay?
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- Patent text, including description, specification, claims, and abstract. Drawings, if applicable.
- Power of Attorney, duly signed by the applicant.
- Translations (if necessary): In Uruguay, the official language for patent filing is Spanish. If your application documents are in a language other than Spanish, you may need to provide Spanish translations of the application documents.
- Certified copy of the Priority Application, if claiming priority.
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How is the process of filing a Patent in Uruguay?
Patent Filing Process in Uruguay
- Application Submission:
The process begins by submitting the application form and the documents of the patent application to the National Directorate of Industrial Property (DNPI) in Uruguay. - Formal Examination:
The DNPI conducts a formal examination of the patent application to verify compliance with legal requirements.- If deficiencies are identified, you will be notified and given a specified time frame to address them.
- Publication:
Once the formal examination is completed, the application is published in the official gazette or another designated platform to notify the public.- Third parties have 60 days from the date of publication to submit observations or oppositions.
- Substantive Examination:
After the observation period, the DNPI conducts a substantive examination to assess the patentability of the invention.- This includes evaluating novelty, inventive steps, and industrial applicability of the invention.
- Grant:
If the invention meets all patentability requirements and the examination process is successful, the DNPI will grant the patent.- A certificate of patent registration will be issued to the applicant.
Patent term
20 years from the date of filing of the application.
Average time from filing to grant:
The average time from filing to granting a patent in Uruguay is from 3 to 5 years.
Grant, validity term and maintenance fees
Once a patent in Uruguay is granted, it will be valid for 20 years from the filing date.
To maintain the patent in force, annuities must be paid after the patent is granted.
The deadline for these payments is calculated from the national filing date.
International treaties
Uruguay is a member of the Hague Convention, which simplifies the legalization process. As a result, public documents sent to Uruguay from other member countries must include an ‘Apostille’ instead of consular legalization.
NEWS!
Since January 7, 2025, the Patent Cooperation Treaty (PCT) has entered into force in Uruguay. This means that inventors and foreign companies can now use this system to file patent applications under the PCT system in Uruguay.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Uruguay through an attorney or agent registered in the country.
