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Uruguay joins the PCT and the Budapest Treaty: Progress and preparation for implementation

Uruguay joins the PCT and the Budapest Treaty: Progress and preparation for implementation

By Rosario Mauro

Uruguay continues to strengthen its intellectual property system with its recent accession to the Patent Cooperation Treaty (PCT) and the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Purposes.

On October 7, 2024, Uruguay deposited its instrument of accession, triggering the three-month period required for the PCT to enter into force in the country. This milestone will take effect on January 7, 2025, making Uruguay the 158th member of the PCT Union. From that date, Uruguayan applicants will be able to file patent applications through the PCT system, and foreign applicants will have the option to seek patent protection in Uruguay via the same mechanism.

In preparation for this significant development, the National Directorate of Industrial Property (DNPI), in collaboration with the World Intellectual Property Organization (WIPO), hosted technical training workshops to deepen understanding of the tools provided by the treaty and to ensure its effective local implementation.

During these activities, several formal and practical aspects were discussed, with specific regulations expected to be issued soon. Key points included the 30-month deadline from the priority date for entering the national phase, the requirement to submit the application in Spanish, and the definition of requirements regarding the submission of the priority document.

Accession to the Budapest Treaty
Uruguay has also acceded to the Budapest Treaty, a key instrument for the biotechnology sector. This treaty allows applicants to deposit microorganisms with a single International Depositary Authority, with the deposit being recognized by all member countries’ patent offices. This simplifies and secures the international protection of biotechnological inventions.

The implementation of the PCT and the Budapest Treaty represents a significant advancement for Uruguay, providing local innovators with more efficient and structured access to international patent protection. With this step, the country aligns itself with global standards, fostering technological development and attracting investments.

We will be closely monitoring the publication of the complementary regulations that will define the formalities required for the application of these treaties. For any questions or assistance on this matter, please do not hesitate to contact us.

For further information please contact rmauro@ojambf.com

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