On June 21, 2024, Uruguay took a crucial step in intellectual property matters by acceding to the Patent Cooperation Treaty (“PCT”) with the promulgation of Law No. 20,299. This milestone not only has important regulatory implications, but also positions our country as a key player in innovation at an international level.

What is the Patent Cooperation Treaty?

The PCT is an international treaty administered by the World Intellectual Property Organization (WIPO). This treaty, formulated in 1970 and revised several times, simplifies and unifies the requirements, procedures and costs for the registration of inventions in the Member States.

The purpose of the PCT is to unify and simplify the requirements, procedures and costs of registering inventions in the different State Parties.

With the accession of Uruguay, the PCT now has 158 member States.

Implications for Uruguay

The incorporation of Uruguay to the PCT means that national inventors who wish to protect their patents abroad, as well as foreigners seeking to register their patents in Uruguay, will benefit from a more efficient and less expensive process.

Adherence to the provisions contained in the PCT does not mean the automatic recognition and granting of patents internationally, but rather the registration and authorization of patents continues and will continue to be an exclusive power of each State Party, in light of its own criteria of patentability.

In other words, it will not mean that patents that have been registered in other State Parties will be automatically recognized in Uruguay – or vice versa, that patents registered in Uruguay will be automatically recognized in the other State Parties.

According to what is established in the PCT itself, it will come into force for Uruguay three months after Uruguay has deposited its instrument of accession, which to date has not yet occurred.

Benefits for National Inventors

Uruguayan inventors and/or foreign inventors who wish to apply for the registration of their patents in Uruguay will now have a 30-month priority right to register their patents in other Member States, with lower associated costs.

Without prejudice to this, in all cases the patentability requirements of the State in which the registration is intended to be obtained must be met.

This represents a significant opportunity for more Uruguayan innovations to be recognized and protected globally.

Reservation to Chapter II of the PCT

Uruguay has decided to make a reservation to Chapter II of the PCT, thus avoiding the possibility of patent applicants requiring an international preliminary examination at designated patent offices.

This measure seeks to make effective use of resources and avoid unnecessary examination requests to the National Directorate of Industrial Property, while all interested parties have free access to the public database of the World Intellectual Property Organization (WIPO). .

Conclusion

Uruguay's accession to the PCT is a response to the need of national inventors and a new example of the country's commitment to innovation and technological development. This not only improves our image in international rankings, but also makes Uruguay a more attractive destination for investment in innovation.