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.
What documents are required?
The documents required to file a patent in Argentina are the following:
- Full name and address of applicant.
In the case of natural persons, the following information must be stated in the application form:
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- ID number of the applicant(s).
- Marital status (if married, it must be indicated whether it is a first marriage or remarriage), complete name and ID number of the spouse of the applicant(s).
- Full name and address of Inventors.
- A patent specification, containing the title of the invention a description
- One or more claims.
- A preamble indicating from the start the same title with which the invention has been denominated.
- A characteristic part where the elements establishing the novelty of the invention must be mentioned.
- Drawings on A4 size papers.
- Abstract of the invention.
- Data related to deposit of microorganisms (date of deposit, country and the name of the Depositary Institution).
- Certificate of deposit of microorganisms (original, or copy signed by the legal representative).
- Power of Attorney, duly signed by applicant. Power of Attorney forms must be notarized and legalized via either the Apostille procedure or at an Argentinian consulate in your home country. The consulate will provide instructions on the procedure that is required. It must be filed within forty (40) working days as from filing date.
- Certified copy of application/s on which priority is claimed; its sworn Spanish translation must be filed within 90 days as from filing date.
- If an international priority under the Paris Convention is claimed, the following are the requirements:
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- Country, date and number of the priority application; must be stated at the moment of filing the application.
- Priority document (if required by the Patent Office); It can be requested by the Examiner during the Substantive Examination stage. Should that be the case, the applicant will have 3 months to submit the certificate in electronic or digital format. This document does not require legalization.
- Original or Certified Copy of Assignment of Priority Rights; The right to claim priority should have been assigned from the inventor(s) to the applicant(s) prior to the filing date in Argentina. Should the priority certificate be requested during the Substantive Examination stage, the applicant will have three (3) months to file the Assignment of Priority Rights document. Its sworn Spanish translation must be filed within ninety (90) days as from filing date.
Also, you might want to learn more about how to file a patent in Argentina.
Patent process in Argentina
Once you completed the documents required to file a patent in Argentina,, INPI will start the granting procedure. You should be proactive during this phase and be aware of any incidence related to your application in order to rectify any deficiency and answer any official action raised by the INPI.
- Application submission: The procedure can be initiated by submitting the form and the complete documentation using any of the following options.
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- Online Portal https://portaltramites.inpi.gob.ar/
- Postal mail
- Personally, at the INPI. The procedure will not be considered received until payment of the corresponding fee is made.
- Preliminary Examination: From an administrative process it is verified that the information on the forms is complete and adequate. It is also verified that the abstract filed correctly describes the invention to be patented. Formal filed are reviewed.
- Publication: At 18 months the application is published in the Patent Bulletin. From that moment anyone can access its content and submit comments within the next 60 days. The observations made by third parties function as recommendations to be evaluated by the examiners.
- Examination: the term to pay the Exam fee is 18 months from the date of filing. Patent examiners conduct a search in national and international databases to determine if the application meets the requirements of 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.
