PROSECUTION GUIDELINES

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You will find here all the important information about filing trademarks, designs and patents.

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Paraguay

GDP: $40,842 BILLION

IMPORTS: $13,886 BILLION

POPULATION: 6,956,071

TOTAL AREA: 406,752 KM2

OFFICIAL LANGUAGES: SPANISH, GUARANÍ

CURRENCY: GUARANÍ (GS) (PYG)

Local time:
WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of The Hague System: NO.

Applicable Law:

Law 868/1981 and Decree Law 30007/1982 and Law 4798/12, as well as the Inter-American Convention on “Patents and Industrial Designs” (Buenos Aires 1910). Ratified by Law of 20 June 1917 and WTO ” Trade-Related Aspects of Intellectual Property Rights ” – TRIPS. Ratified by Law No. 444 of 10 November 1994.

Grace period for filing applications, from disclosure:

6 months.

Multiple design applications -one application for different embodiments-available:

YES, the application may include up to ten diversified examples of the design, provided that the products correspond to the same class and there is similarity among all

Formal filing requirements:

Power of Attorney, duly notarised.

Drawings.

Brief description of the design.

Identification of applicant and designer

Locarno classification:

NO. Local classification applies.

Deferred publication:

NO.

Registration Proceeding Outline:

Filing. Formal examination. Substantive examination. Office Actions. Publication. Oppositions. Granting

Opposition:

YES. Oppositions may be filed within 60 business days from the publication date. Cancellation actions -before Courts- may be filed within 2 years from the public use of the design.

Average time from filing to grant:

1 year.

Term of Protection and Maintenance:

5 years, counted from the filing date, plus 2 renewal terms of 5 years each.

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Trade Mark Law in force:

Trademark Law 1294/98.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

NO.

Registrable trade marks:

Marks may consist of one or more words, mottos, emblems, monograms, seals, vignettes, reliefs, names, fanciful word forms, letters and numbers in distinctive shapes or combinations and arrangements of colours, labels, containers and wrapping. Shapes, presentation or packaging of products or their containers or wrapping or the mode or place in which the corresponding products or service are provided are also included. This list is merely indicative.

Formal filing requirements:

• Power of Attorney duly notarised within 60 working days from the application date.

• Certified copy of priority application within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.

Examination:

Absolute grounds for refusal: YES.

Relative grounds for refusal: YES.

Opposition period:

60 days from publication.

Average time from filing to grant:

Approximately 12 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation is not possible.

Renewal terms:

1 year prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

http://www.dinapi.gov.py/

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation Treaty (PCT): NO.

Patent Law in force:

Patent Law 1630/2000 modified by Law 2593/2005, regulated by Decree Law 14201, modified by Decree Law 8069.

Types of protection available:

Patent of Invention; Utility Model

First filing requirements with the local Patent Office for inventions made by nationals:

NO.

Formal filing requirements:

• PoA, merely signed (NO legalization) within 60 working-days from filing

• Assignment document, merely signed (NO legalization) to be filed with application. If document has not been filed at the time the Patent Office issues the formal examination, applicant is granted a 60 working day period as from the official notification to file the document. Assignment document of priority is accepted, certified copy issued by patent office of country or origin.

• Certified copy of priority application within 3 months from filing. The translation of the priority application must signed by a sworn registered local translator and must be filed within 3 months from filing.

Filing of the patent application in a foreign language:

Available. The version in Spanish must be filed before formal examination and must be a public translation by national translator of the original presentation.

Substantive examination must be requested by the applicant:

YES, within 3 years from filing date.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, before requesting of technical examination.

Opposition:

YES, before requesting of technical examination.

Average time from filing to grant:

6 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses; lower threshold for inventive step.

Maintenance:

Yearly, as from 3rd year of filing (year of filing is considered 1st year) also during prosecution of the application until expiration of patent i.e. year 20

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office: