Patent Registration in Argentina

To protect in the right way both the new technical solutions and any kind of invention, it is essential to adopt a proper step for the registration of a patent.

In Protectia, official agency of Industrial Property, we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.

Patent registration in Argentina: the process

The administrative authority of industrial property in Argentina, which has, among others, the responsibility to register patents of inventions is the National Institute of Industrial Property (INPI, in Spanish).

The process follows various steps:

• Filing of the application at the INPI and payment of the maintenance fee for the first year.
• Formal examination. After the application, within 90 days, the National Institute of Industrial Property shall undertake a formal review of the documents, proving that the application is clear and correctly presented.
• Issuing of a report. Official’s opinion that values the three requirements for patentability and leave the applicant two options: appeal it, or rather rethink everything and present another patent, considering that there is secret until the publication.
• Publication of the application in the Patent and Trademark newsletter published by the INPI, within 18 months. It is to be noted that it is possible to decide to withdraw the application before it is published, in which case will still remain secret.
• Substantive examination. Once achieved the deadline for filing objections and after the payment of the relative fees, a test about patentability requirements is performed in order to determine the actual novelty of the invention.
• Granting of the patent. After having passed the substantive examination, within 2 months the granting will be published and the applicant has to pay the registration fees.

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Once is granted the patent, annual payments must be done for the maintenance of its rights.

It is important to note that Argentina is not part of the International Treaty of Cooperation in matter of patents called PTC. In South America, along with Argentina, Bolivia, Uruguay, Venezuela and Paraguay are not part of this treaty either. Therefore, holders of an international patent application, through the PCT cannot protect their rights with this agreement to the previous process of the granting. Also, they cannot benefit from extended time period regarding the formalization of the patent application in each one of these countries, usually within a period of 30 months from the date of application.

Therefore, in case of applying for a patent, if is needed an extension of the protection to Argentina, the only solution is to apply claiming the prior application within the 12 months period established by the Paris Union Convention.

Why choosing Protectia for the registration of a patent in Argentina?

In Protectia we make a difference for various reasons:

• Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of patent registration.
• Resources and experience: Protectia will be your ideal partner for being highly specialized in the field. Besides, we have powerful informatics resources along with the expertise of our professional, essential to advise, develop and manage the protection of inventions in Argentina.
• Legal advice and patentability study: in Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.