Uruguay Adopts PCT Rules, EPO Expands Global Cooperation
Uruguay
January 7, 2025, marked the official entering into force of the Patent Cooperation Treaty (PCT) in Uruguay, with the country having taken monumental steps towards fostering international cooperation over the past year. The country’s decision to join the PCT initially took place on June 11, 2024, with its instrument of accession deposited with the World Intellectual Property Organization (WIPO) on October 7, 2024.
Since the PCT entered into force in the country, the Uruguayan Patent and Trademark Office (DNPI) has taken on the combined role of Receiving Office (RO) for international applications, and Designated Office (DO) for national phase applications under the Treaty.
The DNPI has also issued new regulations regarding the implementation of the PCT in the jurisdiction, establishing an initial legislative framework for the introduction of the Treaty.
As per the newly introduced PCT regulation, eligibility for national phase entry is limited to international applications filed on or after January 7, 2025. Once filed, a PCT application receives the same legal rights as a national application, with the international filing date also serving as the national filing date.
In cases whereby the DNPI acts as a DO for national phase applications, any deadlines and official fees will be the same as those applicable to national patent applications. Further, any eligible applicant(s) from Uruguay who meet the relevant criteria will be able to benefit from a 90% reduction in the international filing fee. For PCT applications involving multiple applicants, each applicant must meet the relevant criteria on an individual basis.
The deadline for submitting a PCT national phase application in Uruguay is set at 30 months from the date of priority, and all applications should be submitted in the Spanish language. In cases where a patent’s priority rights have expired, applicants may request the restoration of the right by submitting a declaration, alongside payment of the corresponding fee. This declaration should explain the reasons for the failure to file the international application within the priority period.
It is now also possible for Uruguayan nationals and residents to file PCT applications via the online system, designating the DNPI as RO. In relation to the international search and examination of PCT applications, Uruguay relies on several competent International Search Authorities, including the IP Offices of Chile, Brazil, Spain, Singapore, Japan, and the USA, as well as the European Patent Office (EPO).
The accession of Uruguay to the PCT, and the introduction of national regulations to facilitate its implementation, indicates significant steps toward a more modernised and internationally cooperative IP field in Uruguay. Further PCT-related regulations and rules are expected to be delivered and implemented by the DNPI in the coming months as the PCT system in the jurisdiction solidifies.
EPO / Laos
The European Patent Office (EPO) and the Lao People’s Democratic Republic have taken a significant step towards fostering innovation and economic growth, with a new Validation Agreement entering into effect between the two Offices as of April 1, 2025. This Agreement henceforth allows granted European patents to be validated in Laos through an efficient and cost-effective process.
European Patent Validation (EP Validation) is the process through which a European patent (EP) could be recognized as a national patent within any of the Member States of the European Patent Convention. Once an EP has been validated in a designated State, the patent will have legal effect in that jurisdiction as if it had been filed in that country initially.
As such, under the new Agreement, European patents that have been validated in Laos, will benefit from the same effect and legal rights as national Laotian patents. Further, the EPO and the Laotian Department of Intellectual Property will also collaborate on technical cooperation in order to further the development of Laos' national patent system.
This Validation Agreement between the EPO and Laos constitutes the sixth of its kind across the world, and second in Southeast Asia, following similar agreements with Morocco, the Republic of Moldova, Tunisia, Cambodia, and Georgia. With this new agreement, the number of countries where patent protection can be obtained through a single European patent application has increased to 46, including six validation agreements, as well as an extension agreement with Bosnia and Herzegovina.
Validation Agreements constitute one of the most extensive forms of cooperation that can occur between the EPO and countries outside the EPO jurisdiction, with the introduction of such an Agreement set to encourage European patent applicants to also validate their rights in Laos. In turn, this aims to to foster further investment in the country, facilitate technology transfer, and strengthen Laos' national innovation field.
EPO / Bahrain
The EPO also recently established a cooperation agreement with the Ministry of Industry and Commerce (MOIC) of Bahrain. The bilateral agreement between the two IP Offices establishes a framework which aims to facilitate the exchange of resources and knowledge in the field of IP. In turn, this is hoped to both harmonize international patent practices, and enhance the efficiency of patent systems.
The Memorandum of Understanding (MoU) in relation to the bilateral cooperation between the EPO and Bahrain initially entered into force on January 12, 2025, and is currently set to run until the end of 2027.
In addition to the MoU, a Patent Prosecution Highway (PPH) pilot project commenced on March 1, 2025, running for an initial two-year period. The enactment of this PPH allows applicants to request the expedited processing of patent applications through the sharing of examination data between the EPO and IP Office of Bahrain. As such, the first office to examine a patent application will share its findings and decision as to patentability with the other. This, in turn, speeds up the overall examination process, leading to quicker processing times for applicants.
The EPO has a vast array of existing international PPH programmes, including with the other four IP5 offices aside from itself (Japan, South Korea, China, and the US), and the national IP offices of Australia, Brazil, Chile, Israel, Canada, Colombia, Malaysia, Mexico, New Zealand, Peru, the Philippines, Singapore and Saudi Arabia.