COUNTRY : ARGENTINA REPUBLIC
Under the Argentinian Patent Law, Inventions are defined as:
‘Any human creations that permit material or energy to be transformed for exploitation by man’.
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
(i) Are New or Novel
(ii) Involve an inventive step
(iii) Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’
(i). A formal request for the grant of a patent of invention .
(ii). The name and personal data of the applicant .
(iii). The domicile of the applicant.
(iv). The ad hoc domicile of the applicant for the purposes of the patent procedure.
(v). The name and domicile of the inventor.
(vi). The name or title of the Invention.
(vii). If the invention is an addition to a prior invention, the identification of this basic prior invention.
(viii) If the application results from the conversion of a prior utility model application, the number of that application.
(ix). If the patent application relates to a micro-organism or a process in which a micro-organism is used, it is necessary to include a certificate of deposit of the micro-organism with an officially recognised national depositary institution designated by the Government.
(x). Priority data if any.
(xi). The name of the person or agent authorised to act in the procedure as well as the number of their identification documentation.
(xii). Signature of the applicant.
(xiii). Description of the invention along with drawings if any.
(xiv). Claims along with Abstract & Technical drawings if any.
(xv). Evidence of the payment of the application fees.
Patents with a term of 20 yrs.
Utility Models with a term of 10 yrs.
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