On June 11, 2024, the Chamber of Senators of Uruguay unanimously approved Uruguay’s entry to the Patent Cooperation Treaty (PCT). Thus, completing its approval by both chambers of the Uruguayan Parliament.
Uruguay joins the Patent Cooperation Treaty (PCT), demonstrating the country’s commitment to innovation and technological development, while also promoting the universalization and standardization of the patent system. With this accession, Uruguay becomes the 158th contracting state. Previously, the PCT had 157 contracting parties, which did not include South American countries such as Uruguay, Argentina, Bolivia, Paraguay and Venezuela.
The next step in the legislative procedure is the promulgation of the proposed law by the Executive Branch and its subsequent publication in the Official Gazette. Additionally, it is necessary to file this agreement before the General Director of the World Intellectual Property Organization (WIPO) to complete the legislative ratification process of the PCT.
Nevertheless, Uruguay’s accession to the PCT included a reservation to Chapter II (“International Preliminary Examination”), under Article 64(1) of the Treaty. This exclusion seeks to moderate the impact of foreign patents, preserve competition in the national market, prevent monopolies, and safeguard access to medicines.
To sum up, Uruguay’s membership in the PCT represents a significant step toward global integration in the field of intellectual property. This move balances access to international markets with the protection of key national interests, opening new opportunities for the expansion and protection of Uruguayan inventions worldwide. A single application initiates an international search valid for all member countries, accompanied by a written opinion on whether the invention meets the novelty, inventive step, and industrial applicability requirements necessary for patent granting.
Author: María Alejandra Cortés