Uruguay’s Accession to PCT. Initial Legal Framework

On June 11, 2024, the Uruguayan Congress approved the country’s accession to the Patent Cooperation Treaty (PCT), with a reservation to Chapter II (International Preliminary Examination), in accordance with Article 64(1) of the treaty.

On October 7, 2024, the Uruguayan Government deposited its instrument of accession. As a result, the treaty officially entered into force in Uruguay on January 7, 2025.

The Uruguayan Patent and Trademark Office (DNPI) has now issued its first regulation (Resolution 1/2025), establishing the initial legal framework for PCT applications in Uruguay. The DNPI will serve both as Receiving Office (RO) for international applications and as Designated Office (DO) for national phase applications under the treaty.

The regulation outlines the following key provisions:

• The deadline for filing a national phase application in Uruguay is 30 months as of the priority date.
• Spanish is the only accepted language for filings.
• Only international applications filed on or after January 7, 2025 will be eligible for national phase entry in Uruguay.
• As of the international filing date, a PCT application will have the same legal effects as a national application, and the international filing date will be treated as the national filing date.
• When the DNPI acts as a DO for national phase applications, the deadlines and official fees will be the same as those for national patent applications.
• For the DNPI to accept a request for restoring expired priority rights (PCT Rules 26bis.3 and 49ter.2), the applicant must submit a declaration explaining the reason they failed to file the international application within the priority period (due care or unintentional failure when acting as the RO, only due care when acting as the DO) and pay the corresponding fee.
• Any person who is a national or resident of Uruguay may file applications through the WIPO ePCT system and choose the DNPI as RO.
• Uruguayan nationals or persons domiciled in Uruguay will be eligible for a 90% reduction in the international filing fee. In the case of multiple applicants, all applicants must meet these criteria.
• The competent International Search Authorities for Uruguay are: INPI (Chile), INPI (Brazil), OEPM (Spain), EPO (Europe), USPTO (USA), IPOS (Singapore), and JPO (Japan).

The DNPI is expected to issue additional regulations and clarifications in the coming months.