Are pharmaceutical / chemical patents enforceable?
Pharmaceutical Patents are patentable. The Patent Office is forced to grant these kind of patents, as long as it satisfy the patentability requirements, namely novelty, inventive step and industrial applicability, established in the Patent Act N� 17.164, since November 1, 2001, although patent applications could be filed from January 1st, 1995, according to the Mail Box provisions of TRIPS (Art. 70.8).
Are agricultural and alimentary products patents enforceable?
Agricultural Patents and alimentary patents are patentable in Uruguay.
Is software patents enforceable?
Software is patentable when claimed with an apparatus, machine, product or any other tangible object working in connection with that software.
Software considered on its own, according to the Article 13 of the Patent Act, is specifically excluded. It is protected by copyrights in view of the fact that their nature of literary work of authorship was taken into account as the enunciation of orders composing the same, supported by the generous welcome of the copyright system about the intellectual creations.
Are business methods patents enforceable?
Business Methods are not patentable according to the Uruguayan Patent Act.
Are chip design/IC topographies protectable?
Our Patent Act does not specifically refer to chips designs.
The law that approves the TRIPS in our country � Law N� 16.671 specifically establishes that use of all rights, faculties and possibilities referred to reserves, safeguarding and other dispositions of such “Minute” will be adopted.
Article 37 of the TRIPS establishes in a precise way that the members will consider as illicit the following actions if the same are done without the authorization of the holder of the right: the importation, sale or distribution in another way with commercial purpose of a protected scheme of sketching, an integrated circuit which includes a protected scheme of sketching or an article that includes an integrated circuit of such cond only if the same continues to contain a scheme of sketching illicitly reproduced.
Notwithstanding the above mentioned, the Agreement itself establishes that none of the members would be obligated to consider illicit none of the previously mentioned actions, with reference to an integrated circuit that includes a scheme of sketching illicitly reproduced or with reference to any article that includes such integrated circuit, when the person that performs or orders such actions does not know or have reasonable reasons to know, when acquiring the integrated circuit or the article that includes such integrated circuit, that it was incorporating a scheme of sketching illicitly reproduced.
The information contained in this alert is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.
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