Patents |
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Argentina |
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| (Latin America/Caribbean) Updated 22 Mar 2021 | |
| Which patent-related international treaty is your country is a member of? | Argentina belongs to the following patent-related international treaties:
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| What kinds of protection is available for inventions? | Inventions protections available in Argentina include:
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| What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Argentina:
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| What are the documents and information required for filing a national patent application? | Required documents and information required for filing a national patent application in Argentina include:
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| Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or a deferment of publication. Usually, the publication is performed around 18 months after the filing date. |
| Does the applicant have a provisional right upon the publication of an application? | No, the applicant does not have a provisional right upon publication of an application in Argentina. |
| When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Argentina at the following times:
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| Is it required to file a request for substantive examination? | Yes, it is required to file a request for substantive examination in Argentina. A request is filed within 18 months from the filing date. |
| Is there a third-party opposition procedure upon publication or after grant? | No, there is no third-party opposition procedure upon publication or after grant in Argentina. |
| What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Argentina is between 3-4 years. |
| Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in Argentina. There are several PPH’s available. |
| To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Argentina. |
| Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Argentina. Late filing of up to six months after the original deadline is possible. |
| What are the available enforcement methods in your country? | Available enforcement methods in Argentina include:
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| Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | There is no bifurcated system but a single judicial action where both the validity and infringement are discussed. |
Patents
Argentina
(Latin America/Caribbean) Updated 22 Mar 2021Argentina belongs to the following patent-related international treaties:
- Paris Convention
- TRIPS
- Strasbourg Agreement on the International Patent Classification ("IPC") system
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Inventions protections available in Argentina include:
- Inventions
- Utility models
The following subject matter is excluded from patent protection in Argentina:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
Required documents and information required for filing a national patent application in Argentina include:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Power of Attorney
- Deed of Assignment
Yes, it is possible to request early publication or a deferment of publication. Usually, the publication is performed around 18 months after the filing date.
No, the applicant does not have a provisional right upon publication of an application in Argentina.
It is possible to file voluntary amendments in Argentina at the following times:
- At any time during prosecution.
Yes, it is required to file a request for substantive examination in Argentina. A request is filed within 18 months from the filing date.
No, there is no third-party opposition procedure upon publication or after grant in Argentina.
The time period from application to grant in Argentina is between 3-4 years.
Yes, there is a process for accelerated examination of an application in Argentina. There are several PPH’s available.
Yes, it is required to pay an annuity to maintain the validity of a patent in Argentina.
Yes, late payment of an annuity is permissible in Argentina. Late filing of up to six months after the original deadline is possible.
Available enforcement methods in Argentina include:
- Civil enforcement
- Criminal enforcement
There is no bifurcated system but a single judicial action where both the validity and infringement are discussed.