Uruguay has traditionally not granted patents for pharmaceutical or agrichemical products, although one could claim new processes for the production of them. Under the TRIPs Agreement (see our June 2000 Newsletter) Uruguay was required to amend its laws to grant patents for pharmaceutical products, including new chemicals having pharmaceutical or agrichemical activity, as such. However, it was given a transitional period within which to make this change to its law. During the transitional period, applications for protection of pharmaceutical and agrichemical products could be filed, but they were kept in abeyance and no examination was carried out until the law was changed.

The necessary change to the law has now been made and, since November 1, 2001, it has been possible to file applications for pharmaceutical and agrichemical products which will be examined in the normal way. Furthermore, examination will now be carried out on the applications that were filed previously and kept in abeyance.

On the other hand, the revision to the law also introduces the possibility of the grant of compulsory licenses on the grounds of lack of exploitation of the invention in Uruguay, reasons of "public interest" (including public health), anti-competitive practices or refusal of the patent owner to grant a license on reasonable terms.