Patent Registration Procedure in Paraguay
* Filing the invention patent application to the Patent Offices of Paraguay.
* Priority can be invoked based on the Paris Convention. The deadline for submission is three (3) months to be counted from the date of application.
* If the applicant does not coincide with the inventor, the transfer document of the inventor and its translation must be submitted.
* The application will go through the formal exam approximately three (3) months after the date of application.
* Once the formal exam is passed, the publication order will be issued.
* The fee for conducting the substantive examination must be paid before the third (3) year is completed, regardless of the status of the application.
* If there are no objections from third parties or official objections, the request will be declared as ready to be granted.
* A new publication will be ordered after the concession.
Annuities must be paid from the second year of the application submission.
As for the requirements, the following documents and information are necessary:
* Power of attorney simply signed
* Priority document issued by the corresponding office and its translation (if applicable)
* Patent title
* Information of the holder (name, nationality, address)
* Information of the Inventor (name, nationality, address)
* Descriptive Memory in Spanish (although in practice it is possible to add the translated version after the date of the presentation, we advise against this practice, since the criterion could be modified between the date of presentation and the date of the exam).
* Drawings (if applicable)
Specifically, in terms of power, it must be registered with the National Intellectual Property Directorate of Paraguay within 60 business days following the date of application. The document does not require notarization or legalization.
Helpfully Remarks to support the Patent Applications in Paraguay:
1. Three copies of the patent specification and claims. A Spanish translation is required.
2. Three sets of the formal drawings.
3. A list of the applications filed or patents granted abroad, giving the date of filing, country of filing, and the patent number, if any.
4. For confirmation patent, a simple copy of the letters patent is required.
Trademark Law in Paraguay:
Legal basis is the Trademark Act of August 6th, 1998, in force since October 1st, 1998.
Trademark protection is obtained by registration.
Accession to Hague Apostille Convention on 30 August 2014.
Remarks of the Trademark Applications in Paraguay
• Uni-class system
• Claiming priority according to the Paris Convention.
• Technical Examination system and opposition system of third parties based on the application’s publication.
Nice classification, 11th edition. An individual application is required for each class. The specification of goods will not be required if a trademark is applied for all goods included in one of the classes of the official nomenclature. In case of applying for a service mark, the specification of services shall be mandatory.
Trademark Registration Procedure in Paraguay:
The application is filed at the Office of Industrial Property, which will issue the corresponding filing receipt.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Before registration, the trademark application is published in a local newspaper on three consecutive days (there is no official gazette). The registrability or availability examination shall only be performed after expiration of the term allowed for opposition.
National Opposition Period:
The opposition period is 60 working days from the next day of the last publication of the trademark application. An opposition can be based on a foreign trademark registration.
The processing time from first filing to registration or first office action is approx. from 8 to 10 months.
A power of attorney duly notarized.
It is possible to file a trademark application without holding a power of attorney. In this case the Notarized PoA document must be submitted to the Trademark Office within 60 working days after filing of the application.
Protection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable indefinitely for periods of 10 years.