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 17.164/2000 

Types of protection available: 

Patent of Invention; Utility Model 

Formal filing requirements: 

  • Power of Attorney merely signed (no legalization required) within 30 days from filing. Scan copy is available.
  • Assignment document from the inventors merely signed (no legalization required) within a 180 working-day term from filing. Not required if the applicant of the priority case is the same.
  • Certified copy of priority application within 180 days from filing. The translation of the priority application must be signed by a sworn registered local translator. 
  • Sequence listings must be filed in WIPO Standard ST.26 format.

Filing of the patent application in a foreign language: 

  1. Late submission of the Spanish translation is acceptable within a 30-day term provided that at least, Spanish translation of the claims and abstract and the first pages of the specification are submitted when filing the application.

Substantive examination must be requested by the applicant: 

YES, within 120 days from publication. 

Search report must be requested by the applicant: 

NO 

Observations by third parties: 

YES, within 60 working days from publication. 

Opposition: 

YES, within 60 working days from publication. 

Average time from filing to grant: 

8 years 

Term of protection for patents: 

20 years from filing date. 

Term of protection for utility models: 

10 years from filing date and could be renewed for 5 more years the same for Industrial Designs 

Differences between utility model and patent: 

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

Maintenance: 

Yearly after grant. 

Marking of the product with the application/ patent number: 

NOT mandatory. 

Compulsory licensing: 

YES 

Link to Patent Office: 

http://www.dnpi.gub.uy/