Argentina Patent Law
The law that governs patents in Argentina is the Law of Invention Patents, and Utility Model from decree No. 260/96
Argentina is a member of the Paris Convention. Argentina is NOT a member of the PCT.
Patent Processing time in Argentina
From 36 to 42 Months, approximately.
* Power of Attorney (POA) duly notarized and Legalized by Apostille or Consulate.
In case of urgency we can file the patent application without the power but we must have it within forty (40) days from the date of request. It is not necessary to register it but to have the document if required by the INPI. Do not independently, it is preferable to register it and have a registration number and then invoke it.
* Description of the patent, claims and summary translated to Spanish and drawings if had.
The above requirements must be completed within thirty (30) days from the date of submission of the application or it will be denied without further processing. In case of extreme urgency, it is presented in a foreign language but then 10 days are available able to present translation into Spanish but certified by a public translator.
Copy certified by the Patent Office of origin with its translation. This document is not necessary to present now unless requested by the examiner in the exam However, the translation must be submitted by a public translator within three (3) months counted from the submission of the application.
Argentina Patent Registration Procedure
Filing: The patent application is filed at the National Institute of Industrial Property (INPI) in Argentina.
Transfer of Priority Rights: It is presented only if the foreign application has a holder other than the application in Argentina.
Preliminary Administrative and Technical Exam: It has a place at approximately 6 months since the submission of the application.
Publication: 18 months from the presentation and there are 60 business days, from the date of publication, to present opposition by third parties.
Substantive Examination: It must be paid within the eighteen (18) non-extendable months counted from the submission of the application. In order to speed up the process, we suggest that the corresponding fee be paid when the application is submitted.
Official Actions: There may be up to 3 derivatives of the background exam. 30 days are allowed to answer.
Concession: 20 years from the presentation and payment of all accumulated annuities is required counting from the 3rd. and which will expire on the next anniversary of the submission of the application after notification of the concession. There is a grace period of six (6) months with a 30% surcharge on the official tariff. The effective exploitation must be carried out within 3 years from the concession or 4 from the presentation and not be interrupted for 1 year, or third parties may request compulsory license.
UTILITY MODELS: The protection covers the best functionality or arrangement. Utility models have the same formal requirements as patents but pay 50% of the
official tariffs. Novelty and industrial application is required not being necessary inventive activity. They are granted for ten (10) years from the presentation.
Paris Convention: 1 year.
Publication: 30 calendar days for third parties to comment.
Background Exam: It must be paid within three (3) months from the submission of the application. We suggest that the respective fee be paid upon submission of the application.
INDUSTRIAL MODELS AND DESIGNS: The protection is directed to the ornamental aspect and now the artisanal is also protected. The International Classification corresponds to the Locarno Agreement. If the documentation is correct, the concession occurs in one (1) month approximately. It is granted for five (5) years from the submission of the application and is renewable for another two periods of five years each totaling a total of fifteen (15) years.
* Paris Convention: 6 months. Only presentation with formal drawings is accepted.
Trademark Law in Argentina :
Legal basis is the Law of Trademarks and Designations No. 22.362 of December 26th, 1980, in force since February 3rd, 1981. Decree 27/2018 of January 10, 2018 amends certain articles of the aforementioned Law.
Trademark protection is obtained by registration. However, under exceptional circumstances, it is also possible to claim protection alleging the use of a trademark. Argentina follows the first-to-file system.
Nice classification, 11th edition
Trademark Registration Proceedings in Argentina:
The application is filed with the Trademark Office on paper or online.
A separate application has to be filed for each class. Multi-class applications are not available.
The Spanish translation of priority certificates must be certified by an Argentine sworn translator.
The application process includes a formal examination. The trademark application is also examined regarding distinctiveness and prior similar antecedents.
The trademark application is published in the Bulletin for opposition purposes within approximately 4 to 6 months after the filing, if not less.
Unofficial information regarding obstacles met in the proceeding can be found out within 30-45 days after the expiration of the opposition period.
If no obstacles are met, the processing time from first filling to registration is approximately 12 to 18 months.
National Opposition Period :
The opposition period is 30 days counted from the publication date of the application.
After the official notification, the parties have a three-month period to seek an amicable solution to the conflict. Upon expiry of this period, the National Trademark Office is the one in charge of resolving the opposition in an administrative instance. The evidence filed by both parties is considered jointly. Appeals to the Trademarks Office's final decision have to be submitted directly to the INPI within 30 business days of the notification of the decision, accompanied by payment of the relevant administrative fees. The INPI will then notify the parties and send the appeal to the Courts.
Trademark Duration :
A trademark registration is valid for 10 years from the date of registration.
It is renewable for periods of 10 years. The Trademark Office will require an affidavit of use for the renewal of a Trademark as well as a Mid-Term Declaration of Use (MTDU).
Requirements and documentation for trademark registration in Argentina:
- Full name and address of the applicant (can be a natural or legal person, whether local or foreign).
- Brand you wish to apply for (including logo on jpg document if it is a mixed or figurative brand).
- International class or detail of products and services that are intended to be protected with the trademark application.
- Power certified and apostilled (or legalized by the Argentine Consulate in case the signature country is not part of the Hague Agreement).
- Date and priority number of the trademark application abroad (only if priority is claimed based on the Paris Convention).
- It is not necessary for the trademark to be in use to submit the application to the Trademark Office.
Power of attorney:
The power granted must be certified by a notary public and apostilled (or legalized by the Argentine Consulate if the country where the power is signed does not have an apostille). This power of attorney may be submitted together with the trademark application or within
40 business days after filing the trademark application.
In the event that the applicant invokes priority of the Paris Convention, the date and trademark application number on which the priority is invoked must be indicated. Likewise, a certified copy issued by the Trademark Office of the country corresponding to the priority must be accompanied together with the local trademark application or within 90 business days of filing the trademark application in Argentina. If the priority certificate is in a language other than Spanish, a translation by a registered public translator must be accompanied.