Argentina Patent Guide

Registration
A patent can be registered in Argentina pursuant to the Law of Patents of Invention and Utility Models (Law No. 24.481 of March 30, 1995 approved by Decree No. 260/1996) as amended by Law No. 24.572/1995 and Law No. 25.859/2003 which provide for national patent applications.

The following information and documentation is required:
1. a request for the grant of the patent
2. a description of the invention
3. one or more claims and any drawings referred to in the description or any claim
4. applicant’s name, address and nationality
5. Power of Attorney (notarised and legalised / apostilled)
6. certified copy of priority document (if priority is claimed)

It usually takes about five years for the President at the National Institute of Industrial Property (INPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete INPI will issue a Certificate of Registration.

Patent Cooperation Treaty
Argentina is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

Searches
Whilst there is no requirement to conduct a search in Argentina prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within three months.

Annuity Payments
Once a patent has been registered in Argentina there is an annuity payable to the Argentinian Government for all accumulated annuities from the third year following the date of application until the year of the grant of the patent and subsequent payments are due on the anniversary of the application date.

Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.

A grace period of six months, however, is allowed for the late payment of an annuity upon payment of a late fee. After that time the patent application shall be deemed to have been withdrawn or the patent will lapse.

Expiry
A patent registration is valid for 20 years from the filing date of the application. Once the registration has expired it cannot be renewed.

Abandonment
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise INPI accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Argentina.

To record the assignment of a patent registration the only documentation required is the Deed of Assignment and a Power of Attorney (notarised and legalised / apostilled).

It usually takes about 5-6 months for INPI to process an application to record an assignment. Once the recording is complete INPI will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Argentina.

To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change (notarised and legalised) and a Power of Attorney (notarised and legalised / apostilled).

It usually takes about 5-6 months for INPI to process an application to record a Change of Particulars. Once the recording is complete INPI will issue a Certificate of Recording showing the change.