Patents Laws in Paraguay
Here’s an overview of patent laws in Paraguay:
🇵🇾 Patent Laws in Paraguay
1. Governing Law
The primary law governing patents in Paraguay is Law No. 1,039/1988 on Industrial Property, which covers patents, trademarks, and industrial designs.
Implemented and administered by the National Directorate of Intellectual Property (DINAPI).
2. Patent Protection
Patents protect inventions that are:
New
Involve an inventive step
Capable of industrial application
Patentable inventions include products, processes, machines, and their improvements.
Exclusions typically include discoveries, scientific theories, mathematical methods, and purely aesthetic creations.
3. Application Process
Applications must be filed with DINAPI.
Required documents include:
A detailed description of the invention
Claims
Abstract
Drawings, if applicable
The application undergoes formal examination followed by substantive examination.
Patent applications are published 18 months after the filing or priority date.
4. Patent Term
The term of patent protection is 20 years from the filing date.
Patents must be renewed annually starting from the 3rd year to maintain protection.
5. International Treaties
Paraguay is a member of:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
This allows priority claims and international patent applications designating Paraguay.
6. Rights Conferred
The patent holder has exclusive rights to:
Make, use, sell, or import the invention
License or assign the patent rights
7. Compulsory Licensing
Compulsory licenses may be granted in cases such as:
Non-working of the patent locally
Public interest or health emergencies
8. Enforcement
Patent infringement disputes are resolved in Paraguayan courts.
Remedies include injunctions, damages, and seizure or destruction of infringing products.
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