PARAGUAY

• PATENT LEGISLATION IN PARAGUAY
  • • The legal system Paraguay in based on the Civil Law system.
    • Patents in Paraguay are governed by: Law No. 1.630/2000 (Amended by Law No. 2.593/2005).
    • Patents are granted by the National Directorate of Intellectual Property Office.
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN PARAGUAY

  • For an Invention to be patentable, it should contain the following:

    (i). Novelty: An invention is considered new & novel it is not predictable owing to prior publication, prior use or prior public knowledge.

    (ii). Inventive Step: Apart from the invention not being obvious to a person skilled in the art, inventive step would be a feature of an invention that involves either:

    • A technical advancement compared to the existing knowledge
    • Having economic significance or,
    • Both

    (iii). Industrial Application: An invention must be capable of industrial application, which means, the invention should be capable of being made or used in an industry.

• INVENTIONS NOT PATENTABLE IN PARAGUAY
  • • Inventions which are frivolous, contrary to well established natural laws.
    • Inventions primarily intended to be against public order and morality such as equipment to produce counterfeit currency.
    • Mere discovery of a scientific principle or formulation of an abstract theory.
    • Mere discovery of a new form of a known substance not resulting in the enhancement of the known efficacy of that substance.
    • Mere arrangement or re-arrangement or duplication of known devices resulting in each functioning independently of one another in a known way.
    • Methods of horticulture or agriculture.
    • Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatments of human beings and / or animals.
    • Biological processes for production or propagation of plants and animals.
    • Mathematical, business methods, computer programs per se.
    • Aesthetic creations.
    • Inventions relating to traditional knowledge.
    • Inventions relating to atomic energy.
    • Methods of performing mental acts or playing games.
    • Topography of integrated circuits

    PartityPatents Law Firms through its associates in Paraguay is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN PARAGUAY

  • (i). Names of the applicants.

    (ii). Addresses of the applicants.

    (iii). Names of the inventors.

    (iv). Addresses of the inventors.

    (v). Priority data.

    (vi). Complete specification in Spanish.

    (vii). Set of claims.

    (viii). Drawings if any.

    (ix). Abstract.

    (x). Priority documents.

    (xi). Proof of right in a convention application.

• EXAMINATION OF THE PATENT APPLICATION IN PARAGUAY
  • • Upon receipt of the patent application it is examined for formalities compliances and fulfilment of all requisites.
    • Applicant to request for substantive examination within a stipulated period of time.
    • Applicant to comply, amend, correct, and fulfil requisites as per directions by the authority else, patent application is deemed withdrawn.
    • Patent application is then published and is laid open to opposition from interested third parties.
    • Patent application found to be in compliance with all requisites and not in contravention of any acts and rules and no opposition or objection forth coming, is registered and patent granted to the invention.
• RIGHTS OF THE PATENTEE IN PARAGUAY

  • TERM AND KINDS OF PATENTS GRANTED IN PARAGUAY:

    • Patents with a term of 20 yrs.
    • Utility Patents with a term of 10 yrs.

    RIGHTS & DUTIES OF THE PATENTEE:

    Rights: As concerns both patented products as well as processes, the patentee shall have the exclusive right to prevent 3rd parties in Paraguay from:

    • Making
    • Using
    • Offering for sale
    • Selling or importing the product as well as such product obtained directly from the patented process.

    Duties:

    • To ensure that the patents granted are worked on a commercial scale and to the fullest extent reasonably practicable without undue delay.
    • Patentee should ensure that patents granted do not impede protection of public health and nutrition and should act as instruments to promote public interests.
    • The patent shall not be abused by the patentee or persons deriving the title or interest on the patent.
    • Patentee to not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
• PATENTS Cost of Registration in PARAGUAY