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COUNTRY : ARGENTINA REPUBLIC
CAPITAL : BUENOS ARIES
LANGUAGE : SPANISH
The Intellectual Property Office of Argentina known as the INPI.
INTERNATIONAL TREATIES TO WHICH ARGENTINA IS SIGNATORY
- Paris Convention for the protection of Industrial Property
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
- Strasbourg Agreement Concerning the International Patent Classification
PATENT LEGISLATION IN ARGENTINA:
The Argentinean legal system follows the Civil Law model.
Patents in Argentina are governed by: Law No. 24.481 as amended by Law No. 24.572 of 1995.
Patents are granted by the Office of the Argentinian National Patents Administration.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN ARGENTINA:
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’
INVENTIONS NOT PATENTABLE IN ARGENTINA:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic and artistic creations.
- Substances already existing in nature and nuclear materials.
- Charts and mere forms
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order, morals, health, life of people, animals, plant life.
- Methods of treatment by surgery or therapy on humans and animals.
- All living matter, substances existing in nature.
- The entirety of biological, genetic material in nature capable of conducting their own replication in normal circumstances and occurring freely in nature.
- A mere combination of known inventions, resultant mixtures of known products whose qualities, characteristics are modified to obtain industrial results not obvious to persons skilled in the art.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Argentina is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN ARGENTINA:
(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.
(xvi) PoA duly notarised and legalised up to Argentinian Consulate
EXAMINATION OF THE PATENT APPLICATION IN ARGENTINA:
- Once the patent application is filed, the application is scrutinised for defence & security aspects.
- Post filing of the patent application, preliminary examination to scrutinise formalities and requisites is conducted.
- Upon preliminary examination being satisfactory, application is published upon payment of fees and then substantive examination conducted.
- Patent application found to be in compliance with all the formalities and requisites is registered and patent protection is granted to the invention.
RIGHTS OF THE PATENTEE IN ARGENTINA:
Patents with a term of 20 yrs.
Utility Models with a term of 10 yrs.
- Patents confer on its holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent. • Patentee is entitled to take legal action against infringers.
- Patentee is entitled to retain moral rights over the invention as ‘the author of the invention’.
COMPULSORY LICENCES OF PATENTS IN ARGENTINA:
The exclusive rights of the patentee over the patent are subject to certain limitations which are known as compulsory licences. These are authorisations given by governmental authorities, independently of the will of the owners.
Compulsory licences are granted on the following grounds:
(i). Lack of insufficient exploitation of the patented invention. The patentee is to exploit the invention either directly or by a person authorised as such, satisfying the market needs within 3 yrs. but not after 4 yrs. from the date of filing of the patent;
(ii). The granted patent relates to the interests of national defence or State security.
(iii). Owing to dependency between patents, which means, it would be impossible to work the patent without infringing the rights of the patentee of a prior invention.
(iv). Owing to public interests, where the patented invention would be needed to be used towards public health or safety or when the lack or insufficient use of the patented invention inflicts serious damage to the country’s economic or technological processes.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Argentina, can assist you comprehensively with Compulsory Licence matters.