May 2001
The new Paraguayan patent law entered into force on January 29 - 2001.

Patents are now granted for:

Inventions
Utility models
Computer programs isolated considered (per se) are not patentable.
Patents of inventions are now granted for 20 years to be counted from the application filing date.
Patents of utility models are now granted for a term of 10 years to be counted from the application filing date.
International exhaustion has been expressly stated for patent rights, following a completely different approach than Brazil, but in the same line as Argentina, Uruguay and the Andean Community countries (Venezuela, Colombia, Ecuador, Peru and Bolivia)

Compulsory licensing has different reasons for its granting (among others public interest, anti-competitive practices, dependant patents, lack of exploitation).
The patent must be exploited within three years of the granting date or four years from the application filing date, which ever term expires at a later date.
The international classification for patents - Strasbourg Agreement - has been adopted.

Different preliminary measures are expressly established for patent infringements (such as seizure, attachment and suspension of importation or exportation).
The granting of patents for pharmaceutical products has been accepted but postponed until January 1 - 2003.

Payment of annuities is now required in order to maintain the validity of the patent or the patent application. This rule applies even to patent applications and patents granted before the entry into force of the new law (January 29 - 2001). The annuities must be paid in advance to avoid penalties. Anyhow there is a six months grace period with penalties. No power of attorney will be required for the payment. Any Industrial Property Agent can pay the annuities, even if he has not participated in the filing of the pertinent application or patent granted 

Revalidation of foreign patents has been eliminated.

Notarial certification and consular legalization has been expressly abolished as far as the patent field in the administrative jurisdiction.
The burden of proof may be shifted by the Judge to the defendant in the civil judicial jurisdiction in infringement matters related to patent of procedures for obtention of a new product.
The pertinent decree containing the implementing regulations will be enacted anytime.

ZACARÍAS & FERNANDEZ
ASUNCIÓN - PARAGUAY

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