Patent registration in Argentina

Argentina is a country known for its diverse economy and growth in the technology and creative sectors. Protection of intellectual property fees play an important role in businesses here. Let’s learn about the patent registration in Argentina through the following article of Viet An Law.

Legal basis

• Law on Patents for Inventions and Utility Models 1995, last revised in 2018.

Patent registration in Argentina

Patent registration fee in Argentina

Currently, the fee for patenting a patent or utility solution (up to 10 claims) offered by some Argentine intellectual property representative is $5500.

Patent filings in Argentina

An invention registration dossier must include the following documents:

• Patent application, including the following information:
  • The full name and address of the applicant, whether an individual or a company;
  • Names and addresses of inventors.
  • Patent specifications, containing the title of the invention and description.
• Document proving the novelty of the invention.
• Drawing of invention (if any).
• An abstract of an invention.
• Data relating to microbiological deposits (deposit date, country and name of the Depositor). A certificate of microbiological depository (the original or a copy signed by the legal representative) shall be submitted within ninety (90) days from the date of application.
• Power of attorney for intellectual property representative in Argentina, duly signed by the applicant within forty (40) working days from the date of filing.
• A Priority Right assignment document, signed before or on the date of filing in Argentina, is required in cases where the Argentinian applicant is not mentioned in the priority document. No need for consular legalization, filed within ninety (90) days from the date of application
• Consular legalization copies of the preferred application(s), along with an Spanish translation with sworn, submitted within ninety (90) days of application. The deadline for filing a patent application in Argentina claiming priority is 12 months from the priority date. INPI may request original documents at the application review stage.

Patent registration process in Argentina

• Submit a patent application at INPI;
• Preliminary examination: the formality review determines that the information on the forms is complete and appropriate, and the summary submitted accurately describes the patented invention. The official profile after editing (if any) will be reviewed later.
• Publication of patent application: After 18 months, the application is published in the Patent Gazette. From that point on, anyone can access the contents of the application and submit complaints and recommendations within 60 days of publication.
• Examination: the deadline for payment of appraisal fees is 18 months from the date of application submission. Patent examiners conduct searches in national and international databases to determine if the application meets the patentability requirements.

Duration: on average 4 to 5 years for inventions, 3 years for utility solutions.

Patent protection in Argentina is valid for 20 years from the date of filing. Maintenance fees must be paid after the patent is issued starting from the 3rd (third) year from the filing date.

Some questions regarding patent registration in Argentina

How can Vietnamese people register a patent in Argentina?

For foreign applicants, Argentine law is similar to Vietnamese law, which stipulates that they must apply through an intellectual property representative legally registered in Argentina to carry out the application procedure.

The applicant will carry out the trademark registration procedure at the Argentine Intellectual Property Office (INPI), the state agency under the Ministry of Production responsible for receiving and processing protection requests. Industrial property. Current applicat can submit dossier through:

• Online portal;
• By post;
• Apply directly at INPI. The procedure will not be considered received until payment of the respective fee has been made.

Is Argentina a member of the PCT Patent Cooperation Treaty?

Argentina is not a member of the PCT; therefore, the delay allowed under the application procedure at the country stage under the PCT does not apply. Applications may be filed under the Paris Convention within 12 months from the priority date.

Services of Viet An Law for patent registration in Argentina

• Consulting, searching, evaluating the usability and registration of patents in Argentina;
• Informal or official search of patent information in Argentina;
• Complete the application for patent protection (translate documents or write a description of the invention and request for protection);
• Preparation of drawings, preparation of declarations, representation) for clients in filing a petition for a protection license in Argentina;
• Monitor the progress of application testing in Argentina, draft transaction documents with the patent office in Argentina;
• Representing clients in the entire process of establishing rights and responding to letters of exchange in Argentina on patent registration;
• Exchange and provide information to customers in the process of patent registration.
• Advising and providing services to maintain the validity of patents granted in Argentina;
• Advising and examination the possibility of infringement of protected patent rights;
• Evaluate the validity of patents granted in Argentina and abroad;
• Negotiating, drafting, examinating, registering contracts for the transfer of the right to use or ownership of inventions in Argentina and abroad.

If you wish to file an application or learn more about the patent registration in Argentina, please contact Viet An Law for the most effective support.