Utility Models: Uruguay

General Information

International Agreements : Paris Convention, Strasbourg Agreement Concerning the International Patent Classification, Locarno Agreement Establishing an International Classification for Industrial Designs, TRIPS Agreement.

Novelty Requirement :

ARTICLE 9.- “The invention is deemed novel when it is not within the state of the art. 
By state of the art it is meant the know-how that has been made known to the public before the application filing date or, if this is the case, before verified priority, through an oral or written description or by any other means, within the country or abroad, so that said know-how can be executed. 
The contents of an already filed application whose corresponding steps are being taken in the country, with a filing date or, if this is the case, with a priority date, prior to the date of the application under examination, shall also be considered within the state of the art, providing said contents will be kept in the first application when published”. 
ARTICLE 10.- Novelty shall not be affected by the disclosure of the invention made within the term of one year before the filing date of the application or the invoked priority, providing said disclosure comes directly or indirectly from actions performed by the inventor as well as by his/her heirs or by third parties, based on information obtained directly or indirectly from said inventor”.

Claiming Priority : Yes - The Priority Document (a certified copy of the Application on which the national application was based) must be filed within 90 days from filing date. This term is unextendible.

Examination : Substantial Examination must be expressly requested within 120 days after publication date. It is possible to request substantial examination as of the filing date. This term is statutory and unextendible.

Protection Period : 10 years as from the application filing date. This term may be extended only once by a term of five years.

Publication : The applicant must request publication of the application in the Industrial Property Bulletin, within 18 months counted as of filing date or priority date, if applicable. It is possible to request early publication of the application as of the filing date. This term is statutory and unextendible.

Annuities : Annuities must be paid in order to maintain an Utility Model registration in force and effect, as from the granting date of the application for the rest of the validity term (10 or 15 years for Utility Models). The renewal fees or annuities must be paid for within the term of six months prior to the expiration date of each year (day and month of the application date). The expiration date is the day before the anniversary.

Grace period for payments : 6 (six) months as from the due date, subject to the payment of a 50% surcharge.

Compulsory Licensing : Yes

Working or nominal working : It is not required the patent exploitation in order to keep into force the registration of a patent of invention, and absence of use does not constitute a reason for nullity, cancellation or extinction of the patent rights. 

Important Notes :

FORMAL OFFICIAL ACTION: (ex. Power of Attorney): The Patent Office will grant an unextendible 30-day term to effect late filing of documents or respond Formal Official Actions.

SUBSTANTIAL OFFICIAL ACTION: if any third parties objections are encountered or ex-officio objections are raised by the Patent Office, after the Substantial Examination the applicant is notified by the Patent Office of this objections, granting 90-day term to respond the Official Action.

GRANTING FEE : The applicant must pay the granting fee within 60 days as from the notification date of granting of the patent application by the Uruguayan Patent Office. 


Filing Requirements

Utility Models Filing Requirements

  1. Applicant’s name and address (may be either and individual or a legal entity).
  2. Name of Inventor or Inventors.
  3. Title of the Invention.
  4. Priority Claim if applicable.
  5. Power of Attorney Form (no certification or legalization is required).
  6. Patent Specification.
  7. Abstract of the Invention.
  8. Claims.
  9. Drawings (no special formal drawings are required).

All documents must be filed in Spanish. 


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