BackAmendment project to the Patent Law

20.10.20
Amendment project to the Patent Law

On September , a bill was presented in in Uruguay, that includes the amendment to article 99 of patent law No. 17,164, in force since 1999, with the objective that the patentee can take action against those infringements that have occurred between the publication of the request and the granting of the same.

The aforementioned article 99 currently establishes that the owner of a patent may bring the corresponding actions against whoever performs acts in violation of the rights arising therefrom.

The modification provided for by the Executive Power reads as follows: “The patentee may bring the corresponding actions against whoever performs acts in violation of the rights arising from the same and may even claim compensation for those acts carried out between the publication of the application and the granting of the patent. When the right belongs to several holders, any of them may initiate the pertinent actions ”.

The reform is currently under study by Parliament for its approval and subsequent application.

Susana del Cerro