Uruguay joins the Patent Cooperation Treaty: Impact and International Opportunities
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 registering inventions in member states.
The purpose of the PCT is to unify and simplify the requirements, procedures, and costs for registering inventions in different member states.
With Uruguay's accession, the PCT now has 158 member states.
Implications for Uruguay
Uruguay's accession 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 costly process.
Adherence to the provisions of the PCT does not mean automatic recognition and granting of patents internationally, but rather the registration and authorization of patents remains and will remain the exclusive prerogative of each member state, in light of its own patentability criteria.
In other words, it does not mean that patents registered in other member states will be automatically recognized in Uruguay – or vice versa, that patents registered in Uruguay will be automatically recognized in other member states.
In accordance with the PCT itself, it will enter into force for Uruguay three months after Uruguay has deposited its instrument of accession, which has not yet occurred as of the date.
Benefits for National Inventors
Uruguayan inventors and/or foreign inventors wishing 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.
However, in all cases, the patentability requirements of the state where registration is sought must be met.
This represents a significant opportunity for more Uruguayan innovations to be recognized and protected worldwide.
Reservation to Chapter II of the PCT
Uruguay has decided to make a reservation to Chapter II of the PCT, thus avoiding the possibility that patent applicants require an international preliminary examination by designated patent offices.
This measure aims to make effective use of resources and avoid unnecessary examination requests to the National Directorate of Industrial Property, as all interested parties have free access to the WIPO's public database.
Conclusion
Uruguay's accession to the PCT is a response to the needs of national inventors and a new demonstration of the country's commitment to innovation and technological development. This not only enhances our image in international rankings, but also makes Uruguay a more attractive destination for investment in innovation.
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Montevideo, July 10, 2024.
