How to file a patent in Argentina? (not a PCT Member)

What is a patent in Argentina?

A patent in Argentina is an exclusive rights granted over an invention it must comply with 3 requisites: novelty, inventive activity and industrial application.

An invention patent is a right that the State grants the inventor to exercise exclusivity over his invention. It enables it to prevent third parties, without authorization, from performing acts of manufacture, use, offer for sale, sale or import of the patented product or procedure.

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?

The official language for patent filing in Argentina is Spanish. The application may be filed in any other foreign language; however, its sworn translation into Spanish by a local certified translator should be submitted within ten working days from the date of filing.

Filing a Patent application must contain the following documents: 

1. Full name and address of the applicant, whether an individual or a corporation. 
2. Full name and address of the Inventors.
3. A patent specification, containing the title of the invention and description.
4. Claims.
5. Drawings if applicable.
6. Abstract of the invention.
7. Data related to deposit of microorganisms (date of deposit, country and name of the Depositary Institution).
8. Power of Attorney, duly signed by applicant. It must be filed within forty (40) working days as from filing date.
9. Assignment of Priority rights, signed before or on the filing date in Argentina, it is required in the case applicant in Argentina is not mentioned in the priority document. No legalization required.
10. Certificate of deposit of microorganisms (original, or copy signed by the legal representative).
11. Certified copy of application/s on which priority is claimed, along with its sworn Spanish translation. Items 9, 10 and 11 must be filed within ninety (90) days as from filing date. 

In Argentina, the original of the Priority Document is not required, but the sworn translation into Spanish must be provided within 3 months from the filing date. However, the original of the priority document may be requested by the patent Office at the examination stage.

Also, you may need to file a trademark in Argentina

How is the Patent process in Argentina?

Once you file your Patent application, 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. 

1. 1. Application submission: The procedure can be initiated by submitting the form and the complete documentation using:
      1. Online Portal,
      2. postal mail o 
      3. personally at the INPI. The procedure will not be considered received until payment of the corresponding fee is made.
   2. 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.
   3. 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.
   4. 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.