Patents of Invention and Utility Models

– Law No. 1630 on Patents of Invention of November 29, 2000, in force since January 29, 2001.
– Decree-Law No. 14.201 of August 2, 2001.
– Law No. 2593 of June 17, 2005, amending several articles of the “Patents of Invention” Law No. 1630, dated November 29, 2000.
– Decree-Law No. 8069 of December 23, 2011, that expands and partially modifies Decree-Law No. 14.201/01 and regulates the Patents of Invention Law No. 1630/00 modified by Law No. 2593/2005.

Membership in International Conventions

– Buenos Aires Convention (1910) (Pan-American Convention).
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 20, 1987.
– Paris Convention for the Protection of Industrial Property, Stockholm Act (Law No. 300 of January 10, 1994), since May 28, 1994.
– WTO’s TRIPS Agreement (ratified by Law No. 444 of November 10, 1994).
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since August 30, 2014.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since August 5, 2023.

Filing

Applicant: the inventor, his successors or assignees.

Foreigners and nationals not living in the country: may also apply.

Protection of foreigners: same as for nationals.

Naming of inventor(s): required.

Novelty (notion): a new industrial product or a new procedure for obtaining a known industrial result may be patented. No novelty grace period available.

Exceptions to protection (unpatentable inventions): (a) inventions having no industrial character; (b) business methods; (c) software considered per se; (d) medical methods; and (e) different means of reproduction of information.

Kinds of protection: patents of invention; additional patents are not provided for but are accepted; utility models.

Confirmation patents: not provided for under the new law.

Secret patents: not provided for.

Priorities: according to the Paris Convention.

Territory covered: Paraguay.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, notarized;
2. Description and claims in Spanish, 4 copies;
3. Drawings, 4 copies, one on tracing cloth, size 22 x 33 cm, and the others on Bristol paper;
4. Date and number of the application filed abroad must be stated in the local application.

Filing without one or more requirements: not possible.

Filing without power of attorney: not possible, however, application can be filed provisionally, based on a telefax power.

Electronic filing: not available.

Electronic signatures: are not accepted (only wet signatures).

Examination

Amendment of application: possible.

Alterations: possible, before granting of the patent.

Process claims: possible.

Prior use: patent rights can only be obtained through registration.

Disputes about ownership: must be brought before the courts.

Dispute about novelty: must be brought before the courts.

Examination: both as to form and novelty.

Extent of examinations: local and foreign novelty required.

Examination procedure: the files are reviewed by Examiners of the Industrial Property Department, who issue an expert opinion. The Patent Office is in charge of the examination of the patent applications.

Accelerated examination: not available.

Division: allowed before publication.

The applications are kept secret until publication (eighteen months from filing date).

Opposition to application filed: not provided for, however the law allows third parties to file an objection during examination period.

Provisional registration: not provided for.

Corrections: possible.

Publication: within eighteen months after the filing date or before, if the patent claims priority based on a foreign application. Publication should be performed only once in a local newspaper.

Granting

Delivery of document (usual duration after filing): from four to six years, approximately.

Beginning of protection: from the date of issuance of the certificate.

Duration – extension: patent: twenty years from the date of application; no extension possible; utility models: ten years.

Annuities: provided under the law.

Annuity grace period: six months with surcharge.

Marking of patented goods: not required.

Text of marking: no specific text of marking.

Modification of Protection after Registration

Amendment of issued patents: not provided for.

Revocation: possible.

Assignment: possible, but must be recorded at the Industrial Property Department.

License for exploitation: possible; recordal at the Patent Office is mandatory.

Working: compulsory. The new law provides for compulsory licenses in different cases.

Validation of invalidated patents: not provided for.

Rights of prior user: it is possible to invoke good faith prior to use.

Opposition to granted patents: only possible through a nullification action brought before the law courts.

Compulsory licenses: possible.

Expropriation: not possible. However, the law allows use of patent by the State based on the interests of the public, through a compulsory license.

Infringement and penalties: available.