Patents

The PCT in Uruguay: Early Experiences and Lessons One Year After Its Entry into Force

By Radoika Morales, Pittaluga Abogados

On January 7, 2025, Uruguay became the 158th member state of the Patent Cooperation Treaty (PCT), putting an end to more than a decade without new Latin American accessions to the system. More than a year after its entry into force, it is worth examining how its implementation took place, what the early experiences have been, and what can be expected in the coming months, particularly as the first international applications begin entering the national phase.

A Country That Arrived Prepared

Uruguay did not approach the PCT from an early-stage starting point. The National Directorate of Industrial Property had for years maintained digitized procedures, a specialized patent team, and an institutional structure capable of incorporating the new system without substantially altering its operations.

Moreover, even before formal accession, international applications linked to Uruguayan holders already existed, having accessed the PCT through other channels provided for by the Treaty. For this reason, Uruguay's incorporation can be understood more as the definitive integration into the international system than as a radical change in patent-filing practice.

The preparatory stage included training, adjustment of procedures, and coordination with the World Intellectual Property Organization. From an operational standpoint, the transition was orderly and allowed the first proceedings to be processed without significant difficulties.

A particular aspect of Uruguay's accession is the reservation made regarding Chapter II of the PCT, concerning international preliminary examination. Uruguay currently holds a distinctive position on this point. The practical consequence is that Uruguayan applicants face limitations in resorting to certain mechanisms provided for at that stage of the international procedure. In my view, it would be advisable for this reservation to be reconsidered in the future, even though its practical impact is relatively limited.

The First Applications and Initial Adjustments

During 2025, four PCT applications were filed from Uruguay, and in 2026 new filings have already been registered. Although the initial figures are modest, the system's operation has been satisfactory.

As typically occurs with the implementation of a new regime, interpretive questions have also arisen that will need to be settled through practice. These include the specific scope of the Chapter II reservation, the criteria applicable to the restoration of the right of priority, and the translation requirements for certain documents upon entering the national phase.

These aspects do not call into question the system's functioning, but rather form part of a normal process of legal and administrative adaptation.

What Really Changes with the PCT?

The main advantage of the PCT does not lie in granting an international patent—which does not exist—but in facilitating and organizing a protection strategy across multiple jurisdictions.

The most relevant element is time. The system generally allows the decision to enter the various national phases to be postponed for up to 30 months from the priority date. Compared to the 12-month period provided under the Paris Convention, those additional months can prove decisive.

In sectors such as biotechnology, life sciences, or research-intensive technological developments, this period makes it possible to assess an invention's commercial viability, seek investors, identify relevant markets, and more precisely determine in which countries it is reasonable to bear the costs of protection.

Added to this is the possibility of obtaining, at an early stage, an international search and a written opinion on certain patentability requirements. Although these reports are not binding on national offices, they constitute a valuable tool for assessing the strengths and weaknesses of an application before making significant investments.

The PCT therefore offers three central advantages: time to decide, early technical information, and greater organization of international protection strategy.

The Next Stage: National Phases in Uruguay

The true impact of Uruguay's entry into the PCT will begin to be felt more clearly once international applications filed after accession start entering the national phase.

Uruguay adopted the maximum 30-month period, so it is reasonable to expect a progressive increase in foreign applications over the coming months.

From a substantive standpoint, this does not change national patentability rules. The PCT fundamentally regulates procedural aspects of the international phase, while the granting of the patent continues to depend on Uruguayan legislation and the examination carried out by the national authority.

Ultimately, PCT membership constitutes a significant tool for the internationalization of Uruguayan innovation and for the country's integration into the global patent system. However, the Treaty does not generate innovation on its own. Its true value will depend on the ability of companies, universities, researchers, and professionals to incorporate it intelligently into their strategies for protecting and adding value to knowledge.