Patents Laws in Uruguay
Here’s an overview of Patent Laws in Uruguay:
Patent Laws in Uruguay
Uruguay’s patent system is governed by its Industrial Property Law (Law No. 17,164 of 1999), which covers patents, utility models, trademarks, and other intellectual property rights. The law is administered by the National Directorate of Industrial Property (DNPI) under the Ministry of Industry, Energy, and Mining.
1. Legal Framework
Main Law: Law No. 17,164 (Industrial Property Law) enacted in 1999.
Regulations: Further regulations and decrees complement the law.
Authority: National Directorate of Industrial Property (DNPI).
2. Patentability Criteria
To be patentable in Uruguay, an invention must:
Be novel,
Involve an inventive step (non-obvious),
Be industrially applicable (capable of being made or used in some kind of industry).
3. Non-Patentable Inventions
Certain things are excluded, such as:
Discoveries, scientific theories, and mathematical methods,
Plans, rules, or methods for performing intellectual activities, games, or business,
Computer programs (software) as such,
Methods for treatment of humans or animals.
4. Patent Term and Rights
Duration: 20 years from the filing date.
Rights: Exclusive rights to exploit the invention, including manufacture, use, sale, and licensing.
5. Application Process
Patent applications must be filed with the DNPI.
Required documents generally include:
Application form,
Description of the invention,
Claims,
Drawings (if applicable),
Abstract.
6. Examination and Publication
Uruguay applies formal examination initially and later a substantive examination for novelty, inventive step, and industrial applicability.
Patent applications are published 18 months after the filing or priority date.
Third parties may file oppositions after publication.
7. International Treaties
Uruguay is a member of:
Paris Convention,
Patent Cooperation Treaty (PCT),
TRIPS Agreement (as a WTO member).
These allow Uruguay to participate in international patent filings and offer some protection for foreign applicants.
8. Enforcement
Patent holders can enforce their rights through civil litigation.
The law provides remedies including injunctions and damages for infringement.
Summary
Uruguay offers a patent term of 20 years,
The patentability standards align with international norms,
Uruguay participates in major IP treaties,
Enforcement is available through courts.
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