If you’re considering a patent application in Uruguay, it’s important to understand the country’s filing system, key documents, and procedural requirements. Uruguay follows international intellectual property treaties and offers a straightforward process for securing patent rights. Whether you’re a domestic inventor or a foreign applicant, knowing how and when to file can save time and ensure legal protection for your invention.
Why Apply for a Patent in Uruguay?
Uruguay is a member of the Paris Convention and the Patent Cooperation Treaty (PCT), which makes it a strategic location for expanding patent protection within Latin America. Filing a patent in Uruguay can help secure exclusive rights to an invention for up to 20 years, offering protection against unauthorized use and strengthening your business position both locally and regionally.
Documents Required
Applicants must gather and submit several key documents to the National Directorate of Industrial Property (Dirección Nacional de la Propiedad Industrial – DNPI) when filing a patent:
Application Form
This form includes essential details such as:
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The applicant’s full name, nationality, and address
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The inventor’s information
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Title of the invention
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Priority details, if applicable
Specification (Technical Description)
This must contain a complete explanation of the invention. It should describe:
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The current state of the art
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The problem the invention addresses
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A step-by-step explanation of the solution
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Any figures or drawings referenced in the claims
Drawings
Submit any drawings referred to in the description or claims.
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Abstract
Include a brief summary of the invention, outlining its purpose and functionality.
Power of Attorney
If a representative files on behalf of the applicant, you must submit a Power of Attorney (with Spanish translation, if in another language).
Claims
These define the legal scope of protection. Claims must be clear and concise.
Assignment of Rights
If the applicant is not the inventor, an Assignment of Rights document is required.
Priority Document
Applicants claiming priority under the Paris Convention must submit a certified copy of the original application within 90 days.
Spanish Translation
All documents must be submitted in Spanish. If they were originally drafted in another language, a certified Spanish translation must accompany the application.
Deadlines and Priority Period
The standard deadline to claim priority in Uruguay is 12 months from the priority date, in line with the Paris Convention. If you file under the PCT, Uruguay allows national phase entry within 30 months from the priority date. Failure to meet these deadlines can result in the loss of priority rights, so it’s crucial to act promptly.
Once granted, patents in Chile remain valid for a period of 20 years from the filing date. However, applicants must pay all required maintenance fees to keep the patent in force throughout that term.
How to File a Patent in Uruguay: Step-by-Step
To obtain an official filing date, applicants must provide the Chilean Patent Office (INAPI) with several key items. These include the patent title, abstract, and claims in Spanish, along with the full names and contact details of both the applicant(s) and the inventor(s).
For PCT (Patent Cooperation Treaty) applications, applicants must submit a Power of Attorney within 60 days of filing. If the applicant is not the inventor, they must also include an Assignment of Rights document within 30 days. In both cases, INAPI requires certified Spanish translations of these documents.
Being proactive with document preparation is crucial to avoid costly delays or rejection during formal review.
Patent Duration and Maintenance
In Uruguay, a granted patent is valid for 20 years from the filing date, subject to annual maintenance fees. These fees must be paid to keep the patent in force, and non-payment results in lapse of protection.
Do you need help in the process? Follow this step by step guide
Foreign Applicants: Local Representation Required
Foreign applicants must appoint a registered patent attorney or agent in Uruguay to file and prosecute the application. The power of attorney must be notarized, and in some cases, legalized, depending on the country of origin.
Also, you may want to learn how to file a trademark in Uruguay.
Goytia & Associates has local offices in Mexico and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
