On January 16, 2025, Uruguay’s National Directorate of Industrial Property (DNPI) issued Resolution No. 1/2025, setting out key guidelines for the implementation of the Patent Cooperation Treaty (PCT). The main aspects are highlighted below:
Accession to the PCT
Law No. 20.299 formalized Uruguay’s accession to the PCT, with reservation to Chapter II. Under this framework, the DNPI will act as:
- Receiving Office (RO).
- Designated Office (DO) for international applications.
Submission of Applications
- Eligibility: Any national or resident person in Uruguay can file PCT applications.
- Language: The only language accepted by the DNPI is Spanish.
Required Documents
- Request (Form PCT/RO/101).
- Description of the invention.
- PCT-compliant claims.
- Drawings (if applicable).
- Summary according to PCT rules.
Timelines and Priorities
- Priority can be invoked over applications previously filed in Paris Convention countries.
- The time limit for invoking this priority is 12 months from the date of original filing.
Applicable Fees
- Transmission Rate.
- International Tax.
- Search Rate.
- Applicants who are nationals or domiciled in Uruguay are entitled to a 90% reduction in the International Fee. In case of multiple applicants, all must meet this requirement.
- Payment must be made in Uruguayan pesos through the DNPI.
Authorized International Searching Authorities (ISAs)
Applicants can select from the following offices to conduct the international search:
- INPI Chile.
- INPI Brazil.
- SPTO (Spain).
- EPO (Europe).
- USPTO (USA).
- IPOS (Singapore).
- JPO (Japan).
Note: Translation into the language accepted by the selected ISA may be required.
Formal Examination of the Application
The DNPI will verify compliance with the formal requirements under Article 11 of the PCT:
- In case of errors, the applicant will be notified, who will have 2 months to correct them.
- If they are not corrected, the application will be considered withdrawn.
Entry into the National Phase
To enter the national phase in Uruguay:
- Applications must be submitted within 30 months from the priority date, along with payment of national fees.
- Only international applications filed on or after January 7, 2025, may enter the national phase.
This framework reinforces Uruguay’s commitment to strengthening its intellectual property system, promoting innovation and integration into international standards.