Guide for Argentine Patent Application Process

Patent Trademark

Argentina Profile

Argentina, officially the Argentine Republic, is a federal republic located in southeastern South America. Covering most of the Southern Cone, Bolivia and Paraguay are bordered to the north, Brazil, the northeast, Uruguay and the Atlantic Ocean to the east, Chile to the west, and the waters of the Drake Passage to Read more

Argentina Profile

Argentina, officially the Argentine Republic, is a federal republic located in southeastern South America. Covering most of the Southern Cone, Bolivia and Paraguay are bordered to the north, Brazil, the northeast, Uruguay and the Atlantic Ocean to the east, Chile to the west, and the waters of the Drake Passage to the south. With a continental area of 278,000 square kilometers (1,073,500 sq mi), Argentina is the eighth largest country in the world, the second largest in Latin America, and the largest of the Spanish-speaking countries.

Argentine Intellectual Property Legal Base

  • Legal Intellectual Property System Law
  • "Group Trademark Law"
  • Patent and Utility Model Law
  • Trademarks and Trademarks Act

International Organizations and International Agreements

  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • The Strasbourg Agreement on the International Patent Classification
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • The Nairobi Treaty for the Protection of the Olympic Symbols
  • "Convention Establishing the World Intellectual Property Organization"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
spanish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Argentine Industrial Property Institute

English: Instituto Nacional de Propiedad Industrial, Abbreviation: INPI

Website: Instituto Nacional de la Propiedad Industrial | Argentina.gob.ar

Argentine invention patent search: Buscar patentes de invención o modelos de utilidad | Argentina.gob.ar

Filing Language: Spanish

via Paris Convention

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Certificate of Deposit of Microorganisms and its Spanish translation
  3. Certificate of Microbiological Survival and its Spanish translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Power of Attorney
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

20 years

via Paris Convention : 12 months from earliest priority date.

INPI conducts formality and substantive examinations for invention patent applications. There are three ways to file an application with INPI: online application, mailing and submitting a written application to INPI in person. No matter which way the application is filed, the filing date is the time when the patent applicant sends the complete patent application text to INPI. The patent application is published within 18 months from the priority date, and applicant can pay the prescribed fee to request an early publication. Anyone can file opposition within the 60-day period. If there is no opposition, the application will enter into the stage of substantive examination within 18 months at latest from the filing date. The average number of OA for each patent application is 3 times. Patents are granted if the requirements of novelty, practicality and inventive step are met.

A 12-month novelty grace period is available if the invention is disclosed by the applicant or its agent in any form of communication within one year of the filing date or priority date, or exhibited at a national/international exhibition. Appropriate evidence must be submitted at the time of application.

4-5 years

  • Licensing Fee: None.
  • Annuity: The annual fee should be paid year by year started the 1st year from the filing date. The maintenance fee before granted should be paid after granted and the subsequent annual fee can be paid every three years.

Not applicable.

Yes

Yes. During the formality examination period within 90 days from the filing date, the type of Invention can be converted into a Utility Model at the request of the applicant by paying the prescribed fee.

Name of Patent Office

Argentine Industrial Property Institute

English: Instituto Nacional de Propiedad Industrial, Abbreviation: INPI

Website: Instituto Nacional de la Propiedad Industrial | Argentina.gob.ar

Argentina Utility Model Patent Search: Buscar patentes de invención o modelos de utilidad | Argentina.gob.ar

Filing Language: Spanish

via Paris Convention

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Scanned Copy of Certified Priority Document / DAS
  2. Power of Attorney
  3. Declaration of Small Entity
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Assignment for Patent Right Transfer
  6. Notification issued by CNIPA notify the applicant the application has passed through the security review.

10 years

via Paris Convention : 12 months from earliest priority date.

INPI conducts formality and substantive examinations for invention patent applications. There are three ways to file an application with INPI: online application, mailing and submitting a written application to INPI in person. No matter which way the application is filed, the filing date is the time when the patent applicant sends the complete patent application text to INPI. The patent application is published within 18 months from the priority date, and applicant can pay the prescribed fee to request an early publication. Anyone can file opposition within the 60-day period. If there is no opposition, the application will enter into the stage of substantive examination within 18 months at latest from the filing date. The average number of OA for each patent application is 3 times. Patents are granted if the requirements of novelty, practicality and inventive step are met.

A 12-month novelty grace period is available if the invention is disclosed by the applicant or its agent in any form of communication within one year of the filing date or priority date, or exhibited at a national/international exhibition. Appropriate evidence must be submitted at the time of application.

  • Authorization Fee: None
  • Annuity: The annual fee should be paid year by year started the 1st year from the filing date. The 1st annual fee should be paid after granted and the subsequent annual fee can be paid every 3 years.

2 years

No

Yes, a utility model can be converted into an Invention during the formality examination period within 90 days from the filing date.

Yes

Name of Patent Office

Argentine Industrial Property Institute

English: Instituto Nacional de Propiedad Industrial, Abbreviation: INPI

Website: Instituto Nacional de la Propiedad Industrial | Argentina.gob.ar

Argentina design patent search: Buscar patentes de invención o modelos de utilidad | Argentina.gob.ar

Filing Language: Spanish

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Small Entity
  4. Declaration of Ownership/Certification of Employment/Assignment of priority
  5. Assignment for Patent Right Transfer

15 years, the initial protection is 5 years, and can be renewed for 2 times after the expiration, with a maximum of 15 years.

via Paris Convention : 6 months from earliest priority date.

IMPI conducts only formality examination for designs.

A 12-month novelty grace period is available if the invention is disclosed by the applicant or its agent in any form of communication within one year of the filing date or priority date, or exhibited at a national/international exhibition. Appropriate evidence must be submitted at the time of application.

  • Licensing Fee: None.
  • Annuity: The annual fee must be paid within 6 months before the due date of each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but penalty will be charged.

4-6 months

No

No

No

Yes. If several designs belong to the same class in the Locarno Classification, a maximum of 20 designs may be included.

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