Argentine

The Republic of Argentina (hereinafter referred to as "Argentina") has a total area of ​​approximately 279 million square kilometers, approximately 7.5 times the size of Japan, and a population of approximately 4623 million people (2022). Argentina has a vast and fertile land and is rich in natural resources such as oil and natural gas, making it almost self-sufficient in both food and energy.

Argentina is a party to the Paris Convention (not a party to the PCT Treaty), the treaty establishing the World Intellectual Property Organization (WIPO), and the Pan-American Convention of Montevideo 1889.

 

Table 1 shows common items for each protection target. Although there are many things in common with other Japanese jurisdictions, the major difference is that a utility model examination system has been adopted, but a design examination system has not been adopted.

Table XNUMX

 

 

The following is an overview of the process from application to obtaining patent rights regarding patent applications under the Argentine Patent Law.

Application route

Since it is not a member of the PCT Treaty, it cannot be designated in an international application. For this reason, an application route that involves claiming priority under the Paris Convention is effective.

Types of patent rights

・Ordinary patents

Discoveries, scientific theories, and mathematical methods are not considered inventions, and inventions other than those that maintain public order, impede the life and health of humans and animals, and living organisms and genes that exist in the natural world are subject to protection.

Unlike Japan, computer programs themselves are not patented inventions. Please note that software is subject to copyright under Law No. 98 of 25036.

・Additional patent

A patent of addition is an invention completed by adding a new subject matter to the basic invention (main patent). This additional patent can be granted by any person, but the consent of the patentee of the basic patented invention is required to put the invention into practice.

In the case of a patent right for a patent of addition, the term is the same as the basic patent right. If there are two or more basic patents, the last patent to expire will be considered the basic patent.

・Utility model

Utility models are included in the Patent Law and are defined as those related to new arrangements, shapes, etc. of tools, daily necessities, devices, etc. that can actually be used. Methods are not subject to utility model protection. Note that unlike in the case of patents, inventive step is not required.

Required Documents

A patent application shall include the following documents:

Application, specification (claim), necessary drawings

In addition, in the case of a patent application related to a utility model, drawings are essential documents.

Table XNUMX

invention of things	○
invention of method	○
device invention	○
Product-by-process claims	If the composition of the invention is other than the manufacturing method Permitted only if it cannot be identified.
Application invention	×
Second medical use invention	×
multi claim	○

Application language

The application language is Spanish.

However, applications in foreign languages ​​other than Spanish are also accepted. If you apply in a foreign language, you must submit a Spanish translation.

Priority certificate and priority transfer certificate

It is not necessary to submit a priority certificate and a priority assignment certificate at the time of application, but they will be submitted if requested by the examiner.

However, a Spanish translation of the priority certificate must be submitted within three months from the filing date. If a Spanish translation of the priority certificate is not submitted within 3 months from the filing date, the priority will lapse.

spontaneous correction

You may voluntarily amend the contents of the description, etc. within 90 days from the filing date.

Application publication

The application will be published 18 months after the application is filed. There is also an early publication request system.

Unlike Japan, patent applications that have been withdrawn or abandoned are also compulsorily published.

Change of application

・Patent

According to Article 23 of the Patent Law, an application can be changed from a patent application to a utility model application and vice versa only within 30 days after the filing date or within 30 days after the date of the change request by the Patent Office. . If the applicant does not make changes within the time limit, the application will be deemed abandoned.

・Utility model

Substantive examination is also conducted for utility model applications, but while novelty and industrial applicability are required, lack of inventive step is not a reason for refusal.

Division of application

It is possible to file a divisional application at any time while the application is ongoing.

Examination

When an applicant files a request for examination, an examiner examines whether the application meets novelty, inventive step, industrial applicability, and other requirements of the Patent Act.

Absolute novelty is adopted, and the invention must not have been publicly known, publicly worked, or published in any country in the world before the filing date or priority date. be.

However, the novelty exception may apply in the following cases (Article 5):

- In the case of publication of the invention by a person with the right to obtain a patent within one year before the filing date (priority date).

- In the case of an invention exhibited at an international exhibition by a person with the right to obtain a patent within one year before the filing date (priority date).

With regard to examination, the Japan Patent Office may request the submission of information on the examination results in other countries if the corresponding application has been filed in another country, and in this case, it will submit the information within 90 days. Must be submitted.

If the examiner finds reasons for refusal during the examination, the examiner will notify the applicant to that effect, and the applicant may file a written opinion or amendment within 60 days from the date of notification to make a counterargument. This period may be extended three times for 3 days each.

According to Resolution 2016/56 issued in 2016, a system for early acquisition of rights is available for Argentine applications that correspond to applications for which patents have been granted in overseas patent offices, including Japan. For Argentine applications that are subject to Resolution 56/2016, the Argentine Industrial Property Office will not judge patent requirements such as novelty, inventive step, and industrial applicability within 60 days of filing. will be notified of the screening results. By utilizing this system, patents similar to those registered in Japan can be quickly obtained in Argentina.

office action

If the examiner finds reasons for refusal, the applicant may amend the specification or submit a written opinion within 60 days after receiving the notice of reasons for refusal. This response period can be extended by paying a fee.

The average number of OA issues is 3/patent application.

Invalidity and lapse of patents and utility models

Patents and utility models shall be invalidated in whole or in part if granted illegally (Article 59). An action for invalidity or revocation may be brought by any person with legal rights (Article 64).

Note that the invalidity of a patent itself does not invalidate an additional patent. However, the premise is that the conversion of the additional patent into an independent patent is requested within 90 days after the notification of the declaration of invalidity (Article 61).

Obligation to perform

The invention has not been worked or preparations have not been made for the working of the invention within 3 years from the grant of the patent or 4 years from the filing date, whichever is later, or the working of the invention has been suspended for more than 1 year. If so, any person may apply for a compulsory license. (Article 43)

 

 

Treaty of Accession

It is a member of the Paris Convention, the WTO, and the Nice Agreement.

Type of trademark

It is possible to apply for words, figures, coats of arms, monograms, portraits, colors, letters, and numbers.

Application format

In addition to regular applications, you can claim priority under the Paris Convention when filing an application.

No multiple classification system for one application.

Application publication

After a trademark application meets formal requirements, it will be published.

Request for examination

A review request system has not been adopted. Therefore, all trademark applications are subject to substantive examination.

office action

Non-registration of trademarks without distinctiveness, catchphrases, shapes that inevitably arise from the product, marks that are identical or similar to previous trademarks, marks that may cause misunderstanding regarding the quality of goods or services, and marks that are contrary to public order and morals. This is the reason.

However, wrapping paper and packaging containers may be registered if they are original. Catchphrases can also be registered if they are unique, distinctive, creative, and individual.

Objection system, etc.

Objection system: Yes. Interested parties may file an opposition within 30 days from the publication date of the application.

Non-use cancellation system: Yes. If, without justifiable reason, a registered trademark has not been used in Argentina within five years prior to the filing of the lawsuit, an interested party may file a lawsuit to cancel the registration.

Duration and its starting date

The term of trademark right is 6 years from the date of registration. The term of validity can be renewed every 6 years by filing a renewal application. Trademark renewals are possible from six months before the expiration date, and can be applied for up to six months after the expiry date by paying an additional fee. When renewing all registered trademarks registered after January 2013, 01, an affidavit of use must be submitted at the same time.

declaration of use

It is necessary to submit an affidavit of use during the following period.
　・5th to 6th year from registration
　・Same time as update
　If a declaration of use is not submitted, the mark is presumed not to have been used.
　Additionally, if the document is not submitted, the Intellectual Property Office may cancel the renewal at its discretion, but prior notice will be given.

 

 

It is a member country of the UPOV Convention (International Convention for the Protection of New Varieties of Plants), and it is possible to protect new varieties through the variety registration system. The UPOV Convention is a treaty concluded with the aim of protecting new plant varieties in accordance with basic principles common to each country. It is determined.

 

 

argentina patent law
Argentina Patent Regulations
argentina design law
Argentina Design Regulations
argentina trademark law
Argentina Trademark Regulations

 

Patent attorney specialist　　Bearded Yoshiaki

---

Foreign/Intellectual Property Translation Foreign Support Office Latest foreign information Information on emerging countries, etc. PCT Support Office