WIPO-administered Treaties: 

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation Treaty (PCT): NO. 

Patent Law in force: 

Patent Law 1630/2000 modified by Law 2593/2005, regulated by Decree Law 14201, modified by Decree Law 8069. 

Types of protection available: 

Patent of Invention; Utility Model 

Formal filing requirements: 

  • PoA, merely signed (NO legalization) within 60 working-days from filing. No possible extension of term.
  • Assignment document, merely signed (NO legalization) to be filed with application. If document has not been filed at the time the Patent Office issues the formal examination, applicant is granted a 60 working day period as from the official notification to file the document. Assignment document of priority is accepted, certified copy issued by patent office of country or origin.
  • Certified copy of priority application within 3 months from filing. The translation of the priority application must signed by a sworn registered local translator and must be filed within 3 months from filing. 

Filing of the patent application in a foreign language: 

Not possible.  

Substantive examination must be requested by the applicant: 

YES, within 3 years from filing date. 

Search report must be requested by the applicant: 

NO 

Observations by third parties: 

YES, before requesting of technical examination. 

Opposition: 

YES, before requesting of technical examination. 

Average time from filing to grant: 

7 years 

Term of protection for patents: 

20 years from filing date. 

Term of protection for utility models: 

10 years from filing date. 

Differences between utility model and patent: 

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses; lower threshold for inventive step. 

Maintenance: 

Yearly, as from 3rd year of filing (year of filing is considered 1st year) also during prosecution of the application until expiration of patent. 

Compulsory licensing: 

YES 

Link to Patent Office: 

www.dinapi.gov.py