PATENTS

ARGENTINA

GDP: $537,7 BILLION
IMPORTS: $71.3 BILLION
POPULATION: 42,98 MILLION
TOTAL AREA: 2,780,400 KM²
CURRENCY: Peso ($) (ARS)
OFFICIAL LANGUAGES: Spanish
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent CooperationTreaty (PCT): NO.

Patent Law in Force:

Patent Law 24481 (modified by Laws 24572 and 25859).

Types of protection available:

Patent of Invention; Utility Model; Patent of addition.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

-Power of Attorney duly notarized and legalized. Submission before the Patent Office is not required unless requested by the Examiner but said PoA is necessary in order to be able to execute a sworn declaration stating entitlement to represent the applicant.
-Assignment document from the inventors merely signed (no legalization required) within 90 days from filing. Not required under certain circumstances.
- Certified copy of priority application and translation of the priority application (only if requested by the Examiner).

Filing of the patent application in a foreign language:

Accepted. Late submission of the Spanish translation is possible within 10-working days. In such case, it must be a sworn translation by a registered local translator.

Substantive examination must be requested by the applicant:

YES, within 18 months from filing date.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60-working days from publication.

Opposition:

YES, within 60-working days from publication.

Average time from filing to grant:

6 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

- UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
-Lower threshold for inventive step

Maintenance:

yearly after grant.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES.

Link to Patent Office:

http://www.inpi.gov.ar/

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