Argentina’s National Institute of Industrial Property (INPI), a state agency under the Ministry of Production, processes patents and enforces industrial property protection laws.
What is a patent in Argentina?
Argentina grants a patent as an exclusive right over an invention, which must meet three requirements: novelty, inventive activity, and industrial application.
The State grants the inventor an exclusive right to their invention, allowing them to prevent unauthorized third parties from manufacturing, using, offering for sale, selling, or importing the patented product or process.
Some of Argentina INPI’s 2017 numbers:
- 766 patents were filed. We, Goytia & Associates filed a 10% of those.
How to file a patent in Argentina?
You must file patent applications in Argentina in Spanish. Although you may submit the application in another language, you must provide a sworn Spanish translation by a local certified translator within ten working days of filing.
To file a patent application, include the following documents:
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Full name and address of the applicant, whether an individual or corporation.
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Full name and address of the inventors.
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A patent specification containing the invention’s title and description.
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Claims.
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Drawings, if applicable.
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Abstract of the invention.
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Data related to the deposit of microorganisms (deposit date, country, and name of the Depositary Institution).
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Power of Attorney, duly signed by the applicant, filed within 40 working days from the filing date.
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Assignment of priority rights, signed on or before the Argentine filing date (required if the applicant in Argentina is not mentioned in the priority document). No legalization required.
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Certificate of deposit of microorganisms (original or copy signed by the legal representative).
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Certified copy of the application(s) on which priority is claimed, along with sworn Spanish translations.
You must file items 9, 10, and 11 within 90 days from the filing date.
While Argentina does not require the original priority document at filing, you must provide its sworn Spanish translation within three months. However, the patent office may request the original priority document during examination.
How is the Patent process in Argentina?
Once you file your patent application, INPI immediately starts the granting procedure. Therefore, you should stay proactive during this phase by monitoring any issues related to your application, correcting deficiencies, and responding promptly to any official actions from INPI.
To begin with, submit your application by completing the form and providing all required documents either through the online portal, by postal mail, or in person at INPI. However, keep in mind that INPI only considers your application officially received once you pay the corresponding fee.
Next, during the preliminary examination, INPI verifies that your forms contain complete and accurate information. In addition, they check that the abstract properly describes the invention and review all formal documents.
Subsequently, INPI publishes your application in the Patent Bulletin after 18 months from the filing date. From that moment on, anyone can access the application and submit comments within 60 days. These observations, in turn, serve as recommendations for examiners to evaluate.
Finally, you must pay the examination fee within 18 months from the filing date. After payment, patent examiners search national and international databases to determine whether your application meets patentability requirements.
Duration of the procedure:
- Grant of a patent: 5 years (average)
- Granting of a utility model: 3 years (average)
Novelty grace period
In Argentina, the disclosure of an invention will not affect its novelty if the disclosure occurs within one year prior to the filing date of the patent application, or where applicable, the recognized priority by the inventor or his assignees via any means of communication or by displaying the invention at a national or international exhibition.
Grant, validity term and maintenance fees
Patents in Argentina are valid for 20 years from the date of filing. Acumulated annuities should be paid after the patent grant starting from the third year of application date.
Some Extra Facts
Duration of registration procedure
It takes an average of 4-5 years from filing to granting of a patent in Argentina.
Term for filing patent application in Argentina
The term for filing a patent application in Argentina claiming priority is 12 months from the date of priority. The restoration of this term in Argentina is not possible.
Representation by a patent attorney
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.
Argentina is a member of Paris Convention since 1968
Patents and Utility Models are governed by Law N° 24.481 of 1995, Law 24.572 of 1996, Law 25.859 of 2004 and by Regulatory Decree N° 260/96.
Check out this list of required documents to file a patent in Argentina.
Online Database for Argentine Patents Search
http://www.inpi.gob.ar/patentes/proteger
http://www.inpi.gob.ar/patentes/convenio-de-paris
Do you need to file a Patent from another country other than Argentina?
This content may suffer modifications due to updates in the official regulations of Argentina.
