Documents required to file a patent in Argentina

Documents required to file patent Argentina

The National Institute of Industrial Property (INPI) is a state agency, under the Ministry of Production, responsible for the application of industrial property protection laws.
Keep reading to find out wich documents are required to file a patent in Argentina.

What documents are required?

To file a patent in Argentina, you must submit the following documents:

  • Provide the full name and address of the applicant.

  • If the applicant is a natural person, include their ID number and marital status. If married, specify whether it is a first marriage or remarriage, and include the full name and ID number of the spouse.

  • Identify the full name and address of the inventors.

  • Submit a complete patent specification that includes the title and description of the invention.

patent filing
  1. To complete a patent application in Argentina, you must provide the following:

    • Include one or more claims, each beginning with a preamble that repeats the invention’s title.

    • Describe the invention’s novelty in a characteristic section that outlines the elements making the invention new.

    • Submit drawings on A4-sized paper.

    • Provide an abstract summarizing the invention.

    • If applicable, include microorganism deposit information, such as the date of deposit, country, and the name of the Depositary Institution.

    • Attach the Certificate of Deposit of Microorganisms, either the original or a copy signed by a legal representative.

    • Submit a Power of Attorney, signed by the applicant. You must notarize and legalize the form through Apostille or an Argentinian consulate. File this within 40 working days from the application date.

    • If you claim priority, submit a certified copy of the prior application along with its sworn Spanish translation within 90 days of filing.

    If you claim international priority under the Paris Convention:

    • State the country, date, and number of the priority application at the time of filing.

    • Submit the priority document only if the Patent Office requests it during the Substantive Examination. If requested, provide it within 3 months in digital or electronic format—no legalization required.

    • If needed, file the original or certified copy of the Assignment of Priority Rights (from the inventor(s) to the applicant(s)) before the Argentinian filing date. If requested during examination, file it within 3 months along with a sworn Spanish translation (within 90 days of filing).

Also, you might want to learn more about how to file a patent in Argentina.

Patent process in Argentina

Once you complete the required documents to file a patent in Argentina, the National Institute of Industrial Property (INPI) initiates the granting procedure. During this phase, you should remain proactive by monitoring your application closely, addressing any deficiencies, and responding promptly to official actions issued by INPI.

Application Submission
You can submit the application and required documentation through one of the following methods:

INPI will not consider your application officially submitted until you pay the corresponding filing fee.

Preliminary Examination
INPI carries out a formal review to confirm that all submitted information is complete and accurate. Additionally, examiners verify that the abstract correctly summarizes the invention and review the formal documentation.

Publication
After 18 months from the filing date, INPI publishes your patent application in the Patent Bulletin. Once published, third parties can access the application and submit observations within a 60-day period. Examiners may consider these observations as part of their evaluation.

Substantive Examination
You must pay the examination fee within 18 months from the filing date. INPI examiners then conduct a thorough search of national and international databases to determine whether your invention meets the legal requirements for patentability.

EXTRA

The time limit for filing translation is 10 working days from filing date

Foreign patent applicants need to prosecute a patent application in Argentina through an attorney or agent registered in the country.

Argentina is not a member of the PCT; thus, the delays permitted by PCT national phase entry procedure are not available in this country. The application may be filed under the Paris Convention within the term of 12 months from the priority date.

Patents in Argentina are valid for 20 years from the date of filing. Accumulated annuities should be paid after the patent grant starting from the third year of application date.

Goytia & Associates has local offices in Argentina and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.

Do you need to file a Patent from another country in Argentina?

This content may suffer modifications due to updates in the official regulations of Argentina.