PATENTS

PARAGUAY

GDP: $40,842 BILLION
IMPORTS: $13,886 BILLION
POPULATION: 6,956,071
TOTAL AREA: 406,752 KM2
CURRENCY: GUARANÍ (GS) (PYG)
OFFICIAL LANGUAGES: SPANISH, GUARANÍ
click to enlarge

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

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• PoA, merely signed (NO legalization) within 60 working-days from filing



• 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:

Available. The version in Spanish must be filed before formal examination and must be a public translation by national translator of the original presentation.

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:

6 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 i.e. year 20

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

www.dinapi.gov.py

© 2019 Balder IP Law S.L. Todos los derechos reservados.