Specific requirements for proof of priority in Argentina

Since Argentina is not a member of the PCT, patent applications in Argentina can only be made through the Paris Convention. The Argentine Intellectual Property Office has some more specific requirements for priority documents:

If you claim priority under the Paris Convention, the following requirements must be met:

1. Priority country, priority date and priority number

• The country and date of priority claim must be stated when the application is filed. The application number should be provided when the new application is filed, but it can be added later.

2. Documents proving priority (if required by the Argentine Patent Office)

• The examiner of the Argentine Intellectual Property Office may request a copy of the original priority document during the substantive examination stage. If this happens, the applicant has 3 months to respond. The applicant can submit the priority document in 2 ways:
  • Documentary evidence of priority document in electronic format;
  • Scanned copy of the paper copy of the priority document.
• Priority documents do not need to be authenticated.
• However, if the language of the priority document is not Spanish, the applicant must submit a Spanish translation certified by an Argentine translator within three months from the date of filing the application in Argentina.
• Some patent offices can issue bilingual priority certificates. If the priority certificate is issued in the original language and in Spanish, it is sufficient to submit a copy of the priority certificate. If the priority certificate is issued in English, it must be translated into Spanish and certified by an Argentinian sworn translator.
• If the patent office can only issue a priority document in a language other than English or Spanish, there are two options:
  • Translated from the original language into English, signed and stamped by a sworn translator, and certified by the Hague or the Argentine Consulate to complete the translator's sworn certification. After the document is received, it will be translated into Spanish by a local Spanish translator in Argentina and completed with an Argentine translator's sworn certification. (This method also applies to priority transfer certificates)
  • Alternatively, you can have the priority document translated directly into Spanish by a native Argentinian translator, but this is usually more expensive. (This also applies to the priority transfer certificate)

3. Certificate of transfer of priority right:

• To apply for a patent in Argentina, the priority right must be transferred from the inventor to the applicant before the date of application in Argentina. If the applicant is required to provide a priority certificate during the substantive examination stage, the applicant must submit the original certificate of priority transfer within 3 months from the date of application. If the document is not in Spanish, it must be submitted together with a Spanish translation certified by an Argentinian translator, but no notarization or certification is required.
  • If the priority application is submitted by multiple applicants, the priority right of the application can be transferred with the signature of only one of them.
  • The priority transfer form has retroactive effect. Please note that the signing date on the transfer certificate must be before the filing date of the Argentine application or the priority date, whichever is later.
  • The application number must be indicated on the priority transfer certificate. If the application number is not indicated in the transfer document and only the name of the invention is indicated, the Argentine Patent Office will issue a correction and require a new transfer certificate.