January 25, 2018

Intellectual Property protection in Argentina goes through some major changes

The Decree 27/2018, which amends Argentinean legislation on patents, utility models, designs and trademarks, entered into force on January 12, 2018. However, due to the significant amount of changes that should take place, some of them will take effect in a while, once all the necessary forms and regulations are prepared.

The modifications strive to simplify the procedures of the National Institute of Industrial Property (INPI) and shorten the prosecution period so that patents on inventions and utility models can be obtained within tight time limits. Below are just a few amendments to be noted by the applicants when seeking IPR protection in Argentina.

Patents and Utility Models

Various actions have been expedited: the term for conversion of an application on patent into utility model and vice versa is only 30 days from filing; substantive examination must be requested within 18 months from filing (before – 3 years) for inventions and within 3 months for utility models. Besides to deadlines, electronic filing system, which is now available, aims to speed up the proceedings wiping out the necessity to travel to the INPI.

Designs

The major adjustment concerns multiple filings as it is possible to file up to 20 industrial designs if all of them fall under the same class of the Locarno Classification. In case that the designs belong to the different classes, a divisional application should be filed. Also, for applicants’ convenience, digital reproductions and photos may be filed instead of drawings. Renewal requirements have undergone some changes, as the term for payment of a renewal fee is now 6 months before the expiration of the due date, and a 6-month grace period ( if the deadline was not met) on condition of an applicable surcharge payment.

Trademarks

“All the class” filings are possible now without any restrictions so far; although, IP agents believe that in some time it will be prescribed to indicate a list of goods and services when submitting an application. Besides, the owners of trademark certificates have to provide a sworn declaration of use within the sixth year of registration (after the 5th year anniversary but before the 6th one).

For more information on basic filing requirements and standard procedure, please feel free to check out our applicant’s guide. Also, our team is always at your disposal if any specific patent, design or trademark queries arise.  

 

Author: Lynda Miller

 

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