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ARTICLE · 26 MAY 2016

Patents of Revalidation in Uruguay

Clarke, Modet & Co
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The patent system in force is intended to be an effective means to foster investment, either national or foreign, consisting of research development, national production and manufacturing, and resulting in the possibility of increasing the export of national value-added products.

UruguayIntellectual Property
Fabiana Penadés
Fabiana Penadés

The patent system in force is intended to be an effective means to foster investment, either national or foreign, consisting of research development, national production and manufacturing, and resulting in the possibility of increasing the export of national value-added products. One way to achieve this is through a proper legislation of patents of revalidation that provide national protection to foreign inventions protected by patents of invention granted abroad.

Patents of revalidation were expressly stated in the former Patent Act No. 10089 of the year 1941. During the term of said law, the patents granted abroad could be subject to revalidation provided they were in force, and that the inventions had not been exploited in Uruguay before the date of application of the patent of revalidation, being the term of protection that which remained of the foreign patent, with a maximum of 15 years.

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