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Patents
North & South America
Argentine Patent Registration
Overview of Argentine Patents
Argentina is a presidential federal republic located in southern South America, consisting of 23 provinces and the federal capital (Buenos Aires). Argentina is a member of the Union of South American Nations, the G20, and the third largest economy in Latin America. Argentina is one of the developing countries with strong comprehensive national strength in the world. Argentina is also one of the major producers and exporters of food and meat in the world.
The current patent law is the Patent and Utility Model Law. On February 10, 1967, Argentina became a member of the Paris Convention for the Protection of Industrial Property, but was not yet a member of the Patent Cooperation Treaty (PCT), and therefore could not apply for Argentine patents through the PCT pathway.
Patent type and protection period
  • Patent type

    1. Invention patent: 20 years from the date of application
    2. Utility model patent: 10 years from the date of application
    3. Design patent: 15 years from the date of application

  • Application channels

    1. Apply directly
    2. Paris Convention

  • Application Language

    Spanish

Invention Patent Application Procedure
01
Submit application

Submit the application through the official website of the Argentine National Institute of Industrial Property. (It should be noted that this process will not be considered received until the application is completed and the required fees are paid, so there will be no submission date.)

02
Formality Examination

This step mainly checks whether the submitted information is complete and appropriate, and whether the abstract provided correctly describes the invention patent to be applied for

03
Published Application

Publish the application in the patent announcement within 18 months. If the applicant wishes to publish in advance, they must submit the documents through the portal website and pay the corresponding fees. Since then, anyone can access its content and submit comments within 60 days. The opinions raised by third parties can serve as suggestions for the examiner's evaluation, but they themselves cannot prevent this process.

04
substantive examination

At this stage, the applicant needs to pay a fee, which can be paid at the time of application submission or by presenting the documents that require substantive examination in the program portal. For invention patents, the payment deadline is 18 months from the date of application. The examiner searches national and international databases to determine whether the application meets the three patent requirements.

05
Application completed

If all the previous steps are successfully carried out, the patent will be granted and published in the patent publication.
Once a patent is granted, maintenance fees must be paid annually within the term. Otherwise, the patent will expire and enter the public domain according to legal provisions.

Application Procedure for Utility Model Patent
01
Submit application

Submit the application through the official website of the Argentine National Institute of Industrial Property. (It should be noted that this process will not be considered received until the application is completed and the required fees are paid, so there will be no submission date.)

02
Formal and substantive examination

At this stage, fees need to be paid, and for utility models, the deadline is 3 months from the date of submission of the application. This fee can be paid at the time of application submission or by presenting the documents that require substantive examination in the program portal. Then, it will enter and wait for its learning command based on its corresponding technical field.
This is a management process used to check whether the submitted information is complete and whether the supporting documents are sufficient. We also checked that the abstract and accompanying drawings provided a complete and accurate description of the technology creation to be registered.
The examiner searches national and international databases to determine whether the application meets the requirements of global novelty and industrial application. If there are any errors, they will be notified in the notice announcement.

03
Publish application

Within 18 months from the date of submission, provided that the previous steps have been successfully completed, the application will be published in the Patent Gazette. From then on, the document will be made public and anyone can access its content in accordance with legal regulations.
Third parties affected by the application have 30 working days to submit their opinions, and the examiner will evaluate them, but cannot stop the process on their own.

04
Application completed

After publication, evaluate whether it is appropriate to send it to the applicant for defense or whether it has been rejected based on possible third-party opinions.
Next, if there are any objections, the application will be reviewed again to determine if it meets the patentability requirements. If you complete these tasks and do not fall under the exceptions described in current regulations, the request will be approved.
On the other hand, if the substantive examination fee is not paid, the opinions are not responded to, or other requirements are not met, the application will be withdrawn or rejected at the discretion of the applicant.

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The professionalism and experience of our attorneys, who are familiar with local patent laws and fluent in the local language, increases the chances of a one-time examination. We endeavour to gain an in-depth understanding of each case and build a strategy to deal with it on a case-by-case basis.
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