- North & South America
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.
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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
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.)
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
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.
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.
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.
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.)
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.
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.
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.