registro de patentes de invencion en argentina, protección de patentes de invencion en argentina, ley de patentes de invencion

KINDS OF PATENTS AND DURATION: Ordinary Patents (twenty years); Additional Patents, for the rest of the duration of the main Patent or for a maximum period of ten years.

NOVELTY: Applications must be filed before the invention is used or before it has been published in books, leaflets or journals for a considerable period of time, either in Argentina or abroad. Exception: inventions that have already been patented abroad should apply for the patent before they become known in Argentina.

APPLICANT: The inventor or his/her assignee/legal representative, who can be an individual, a firm or corporation. For applications claiming priority according to the Paris Convention: the applicant of the basic foreign application or his/her assignee/legal representative.

SOLICITANTE: Es el inventor o su cesionario/apoderado legal, ya sea un individuo, empresa o sociedad anónima. Para solicitudes que reclaman la prioridad de una convención: el solicitante de la solicitud extranjera básica o su cesionario legal/apoderado legal.

NECESSARY DOCUMENTS FOR APPLICATION

1. Power of attorney duly authenticated by an Argentine Consul or with the attached Apostille established by The Hague Convention.

2. Specifications and headings in Spanish or to be translated into Spanish.

3. Drawings in triplicate, “Bristol Board”, tracing paper and white copy. Size: 297mm x 210mm.

4. When applying for priority in accordance with the Paris Convention: certified copy of the basic foreign application.

EXAMINATION PROCEDURE: Applications for any kind of Patents are subject to examination to determine its novelty. The Examiner’s report should be answered within 180 days.

TAXES: Taxes must be fully paid at the moment of the application.

WORK: Inventions must start working in Argentina within two years as of the issuance of the Patent and such work must not discontinue at any moment for over two consecutive years, except in case of force majeure, which will be determined by the Office of Patents and Trademarks. Inventions not complying with these requirements will expire automatically.

ASSIGNMENTS: Assignments have no legal effect whatsoever unless the relevant registration is entered in the Argentine Office of Patents and Trademarks. The document which does not contain the assignment duly signed by the assignor and the assignee will have to be authenticated by an Argentine Consul or will have to include the Apostille established by The Hague Convention.