Uruguay’s accession to the PCT system
Uruguay has officially joined the Patent Cooperation Treaty (PCT) as of October 7, 2024, becoming the 158th Contracting State. Joining the PCT means that an applicant (either a physical or legal person) that is a national or resident of Uruguay will be able to file an international application under the PCT as from January 7, 2025. Also starting from January 7, 2025, any international patent application filed will automatically include the territory as a member state, allowing innovators to seek patent protection in Uruguay in addition to the other 157 member states.
The Patent Cooperation Treaty (PCT) is an international treaty that simplifies the process of seeking patent protection for inventions across multiple countries. Established in 1970, it allows inventors to file a single international patent application, which can then be recognized in any of the PCT’s contracting states instead of filing separate applications in each country.
The filing of the patent application starts the so-called “International phase”. The International phase provides at least an International Search Report and Written Opinion that is distributed to all the member states. After the international phase which takes 30 or 31 months from the first filing date, applicants must enter a national phase or a regional phase for the territories where protection is desired, following the specific requirements of those jurisdictions. Thus, by offering certain formal and substantive aspects of the patenting processes that are recognized by all the member states, the PCT application provides efficiency and cost-effectiveness for applicants contemplating protecting their innovation globally.
However, it’s important to note that Uruguay has opted out of certain provisions (specifically Chapter II of the PCT), meaning it won’t be automatically elected in demands related to international applications.
If you have any specific questions about the accession to the PCT by Uruguay and the implications thereof for your intended international filings, please feel free to ask via info@dcp-ip.com.