Almost every serious company has some valuable property worth protecting, such as the new technical solutions. To protect them properly, together with all kinds of inventions, it is essential to adopt a proper step for the registration of a patent.

In the official agency of industrial property Protectia, we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.

Patent registration in Paraguay: the process

The administrative steps for the registration of a patent in Paraguay are the following:

  • Application and payment of the maintenance fee for the first year.
  • Formal examination. After the application, within 90 days the General Directorate of Industrial Property shall undertake a formal review of the documents, proving that the application is clear and correctly presented.
  • A report is issued within 9 months: official’s opinion that values the three requirements for patentability and leave the applicant two options: appeal it, or rather rethink everything and present another patent, considering that there is secret until the publication.
  • Publication of the application within 18 months from the date of application. It is to be noted that is possible to decide to withdraw the application before it is published, in which case will still remain secret.
  • Substantive examination. Once achieved the deadline for filing objections and after the payment of the relative fees, a test about patentability requirements is performed in order to determine the actual novelty of the invention.
  • Granting of the patent. After having passed the substantive examination, within 2 months the granting will be published and the applicant has to pay the registration fees.

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patent registration in paraguay

The average duration for a patent process in Paraguay goes from 6 to 7 years, depending on the specifics of the cases. The patent of invention will be valid for a no-extendible period of 20 years, starting from the date of application. To keep the patent in force, the applicant shall pay annual fees; the firs fee shall be paid before the starting of the third year. Various annual fees can be paid in advanced.

It is important to note that Paraguay is not part of the International Treaty of Cooperation in matter of patents called PTC. In South America, along with Paraguay, Venezuela, Argentina, Bolivia and Uruguay are not part of this treaty either. Therefore, holders of an international patent application, through the PCT cannot protect their rights with this agreement to the previous process of the granting. Also, they cannot benefit from extended time period regarding the formalization of the patent application in each one of these countries, usually within a period of 30 months from the date of application.

Therefore, in case of applying for a patent, if is needed an extension of the protection to Paraguay, the only solution is to apply claiming the prior application within the 12 months period established by the Paris Union Convention.

 

Why choosing Protectia for the registration of a patent in Paraguay?

In Protectia we make a difference for various reasons:

  • Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration.
  • Resources and experience: Protectia will be your ideal partner for being highly specialized in the field. Besides, we have powerful informatics resources along with the expertise of our professional, essential to advise, develop and manage the protection of inventions in Paraguay.
  • Legal advice and patentability study: in Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.