Patents
A patent is set of exclusive rights granted by the Paraguayan Government to an invention, for a 20-year term, that is to say, a product or process that provides, in general, a new manner of doing something or a new technical solution to a problem. Patents are incentives for persons, since they offer them recognition for their creativity and material rewards for their commercial inventions. Such incentives encourage innovation that is the driving force for constant improvement of human life quality.
Requirements to obtain a patent
To obtain patent protection, an invention should comply with two requirements: it must have a practical use and a novelty element; that is to say, any new characteristic in its technical aspects that is not known in the existing body of knowledge, this is called “technical status”. The invention must provide an inventive step that may not be deducted by a person with a standard knowledge of technical scope.
Besides the requirement of practical use and novelty, the subject of invention must be accepted as “patentable” pursuant to a right. Therefore, according to the legislation in effect the followings are not patentable: scientific theories, mathematical methods, plants and animal processes, discoveries of material substances, commercial methods o methods for medical treatment.
Patent protection
Patent protection means that the invention may not be made, utilized, distributed or sell commercially without the consent of the patent right holder. Compliance with patent rights are normally respected in courts, which in the majority of systems, are empowered to sanction infringements to patent rights or, logically, to pronounce a patent as no valid if a third party obtains satisfaction in a lawsuit related to the patent.
A patent holder has the right to decide who may or may not utilize the patented invention during the term that the invention is protected. He may, therefore, grant permission or a license to a third party to utilize the invention in accordance with provisions set forth by common agreement. The patent holder, may, likewise, sell the right on the invention to a third party, that will become the new patent holder. When the term of protection sets up by the law expires, the inventions will belong to public domain; this means that anyone may utilize or reproduce them regardless of obtaining authorization or paying for them.
Relationship between the level of patentability and country development
Patents, besides being an incentive to effort and creative talent, are an instrument of appropriation of innovation and knowledge. In turn, socially, they constitute the result of interaction among individuals, enterprises and state organizations. Therefore, the level of patentability is directly related to a country development.
Quality, Price and Service are three essential factors to the success of any entrepreneurial initiative, including any commercialization project for export.
In as much as, with growing frequency, innovation, creativity and knowledge have become essential elements of competitivity, enterprises are facing the increasing necessity of finding means to effectively manage their innovation, creativity and knowledge.
Consequently, it is essential to count with a strong patent system which offers an adequate protection to innovation to develop the creative and inventive labor and to set up and maintain a favorable commercial environment. Should there be an effective management, patent system promotes, definitively, national innovation, new industries and creates new jobs.
Source: Ministry of Industry and Commerce of Paraguay
Translated by: United States Embassy in Paraguay