Resolution to keep patent applications alive
On January 27, 2016, the Uruguayan National Directorate of Industrial Property (DNPI) published Resolution No. 02/2016, which states that applicants of pending patent applications filed before 2010 will receive an Office Action to clarify to the DNPI whether or not they wish to continue with the prosecution of the applications.
The resolution neither clarifies how the notifications to patent applicants will be implemented nor specifies the deadlines for response. Both aspects are still to be defined by the PTO. However, according to the Regulations to the Patent Law, the period of time to respond to an Office Action is 30 days.
Resolution No. 02/2016 is aimed at reducing the current backlog of examinations for patent applications by identifying those patent applications which are still important to their applicants, and then only those will be examined.
Although the resolution does not explain the consequences to applicants not expressing their interest in a patent application within the deadline that DNPI establishes, according to general rules the PTO is entitled to deem said applications abandoned.
Should you require any further information, please contact us. We will follow the implementation of this resolution closely and will keep you updated regarding any further developments on this matter.