Intellectual Property

Patents and utility models

Inventions may be protected in Paraguay through patents of invention or utility model patents, according to their nature and the requirements set by national legislation. AYALA IP advises companies, inventors, rights holders and foreign associates on filing, prosecuting and maintaining these rights before DINAPI.

What we do

We manage patent and utility model applications from the initial assessment and filing through prosecution, grant and maintenance, coordinating with foreign agents and firms where corresponding applications exist in other jurisdictions.

  • Preliminary assessment of the most suitable route: patent of invention or utility model.
  • Filing of national applications before DINAPI, claiming Paris Convention priority where applicable.
  • Adaptation of foreign application documents to Paraguayan formal requirements, including translations.
  • Prosecution: monitoring of examination and responses to office requirements and observations.
  • Payment and control of annuities, recordal of assignments and licences.
  • Defence and enforcement actions in coordination with our litigation practice.

Key facts

20 yearsTerm of a patent of invention, from the filing date
10 yearsTerm of a utility model
12 monthsParis Convention priority period for patents

How protection works

A patent of invention protects product or process inventions that meet the requirements of novelty, inventive step and industrial applicability. A utility model protects certain innovations relating to the shape, configuration or arrangement of the elements of objects, tools, instruments or mechanisms that allow better or different operation, use or manufacture, or that provide a utility or technical effect they did not previously have.

Paraguay is not a member of the Patent Cooperation Treaty (PCT). Protection in Paraguay must therefore be obtained through a national application before DINAPI. Where an earlier foreign application exists, the corresponding priority may be claimed under the Paris Convention, provided the Paraguayan application is filed within the applicable period.

For international clients and foreign associates

We take instructions from patent attorneys and foreign firms for the filing and prosecution of national applications in Paraguay, including applications claiming foreign priority under the Paris Convention. We set out from the outset the applicable requirements, documentation and costs, and report on the various stages of the procedure before DINAPI.

Frequently asked questions

Can I enter Paraguay with a PCT application?

No. Paraguay is not a party to the Patent Cooperation Treaty (PCT), so PCT national phase entry is not possible. Protection must be sought through a national filing before DINAPI, and the priority provided for in the Paris Convention may be claimed where applicable.

What is the difference between a patent of invention and a utility model?

A patent of invention may protect products or processes and requires novelty, inventive step and industrial applicability. A utility model is intended for certain functional innovations applied to objects and requires novelty and industrial applicability, but not inventive step as a separate requirement. Their terms also differ: twenty years for patents of invention and ten years for utility models, counted from the filing date in Paraguay.

What documents do I need to file an application in Paraguay?

The requirements depend on the characteristics of the application and on whether foreign priority is claimed. In general terms, the technical documentation of the invention, the details of the applicant and inventor, and the documents needed for representation and, where applicable, to substantiate priority are required. AYALA IP sets out the specific requirements before filing.

Contact

Let's talk about what you need.

Tell us what you need to protect. We reply in English, Spanish or Portuguese, usually within one business day.