The Argentine Republic (hereinafter called "Argentina") has a total territory of 2,760,654 km2 (approx. 7.4 times larger than Japan), and a population of around 40.1 millions. In 2001, Argentina went into default; however, its abundant natural resources such as oil and natural gas, as well as its vast and fertile land allow the country to be self-sufficient in view of energy and food supply. Therefore, it is believed that Argentina is likely to start rapid economic growth once currency-related (Argentina peso) problems are settled.

Argentina is a member of the Paris convention (not a member of PCT though), of the Convention Establishing the World Intellectual Property Organization (WIPO) and of the Pan-American Convention of Montevideo (1889), among others.

Table 1 indicates common items for each subject to be protected. Argentine intellectual property law has a lot in common with Japanese law. Major differences, however, are that Argentina follows the examination system for utility models but not for designs.

Table 1

In 1864 Argentina patent law was greatly revised, and the currently applied patent law was revised on November 1, 1995. Through this revision, inventions relating to pharmaceutical products came to be regarded as patentable following a five-year grace period in conformity with the GATT-Trips agreement.

An outline of the patent application process (from application to grant) is described below.

(1) Types of patent right

Normal patents

Discoveries, scientific theories, mathematical methods shall not be considered as inventions. Inventions (excluding inventions disturbing public order, impairing lives and health of animals or humans, biological and genetic material existing in nature etc.) shall be patentable.

Please note that, unlike Japan, computer programs are not considered as patentable inventions.

Patents of addition

The object of a patent of addition is an invention filed where novel ideas are added to the original patent. Any person shall obtain a right of patent of addition, but shall be required to gain the agreement of the patentee of the original patent for the exploitation of the invention.

The term of a patent of addition is expired on the expiration date of the main patent. If a patent of addition has more than two original patents, the original patent which has the latest expiration date shall be deemed to be the original patent.

Utility models

Patent law covers utility models, which are defined as new arrangements or forms obtained or incorporated in known tools, working instruments, utensils, devices, or other objects that are used for practical work. Methods are not considered to be an object of protection. Further, unlike patents, utility models are not required to have inventive step.

(2) Application documents

The patent application documents are as follows:

Application form, description (claims), and drawings (if necessary).

In case of utility models, drawings are necessary.

(3) Publication of patent applications

Patent applications are published after 18 months from the application date. A system of accelerated publication also exists.

Please note that unlike in Japan, patent applications that have been withdrawn or abandoned shall be inevitably laid open.

(4) Conversion of application

According to the Argentina Patent Law §23, a patent application may be converted into an application for a utility model certificate and vice versa within the 90 days following the filing date, or within 90 days following the date on which the National Patent Administration (Argentina’s “patent office) has required conversion.

(5) Examination

When the applicant files a request for examination, the examiner examines whether or not the application meets requirements of novelty, inventive step, industrial applicability, and other requirements of Patent law.

Argentina follows of principle of “absolute novelty”; accordingly, the invention must not be publicly-known, publicly-exploited, and laid open in paper publication before the filing date or priority date.

The National Patent Administration is allowed to request the disclosure of information on examination results in other countries if corresponding applications have been filed abroad. In this case, it is necessary to submit the information within 90 days.

(6) office action

If the examiner finds reasons for refusal, the applicant is allowed to file an amendment of the description or an argument within 60 days of the receipt of the notice of reasons for refusal. It is possible to extend the response term by paying extension fees.

The average number of issued office actions is three per patent application.

(7) Occurrence of patent right

・Payment of official fee

When the patent application is granted, the patent right enters into force with the payment of the registration fee.

(8) Invalidity and lapse of patents and utility models

Patents and utility model certificates shall be wholly or partly null and void when they have been granted in violation of the provisions of the Patent Law (§59).

Action for invalidation or lapse may be brought by any person who has a legitimate interest therein (§64).

Meanwhile, the declaration of invalidity of a patent shall not in itself cause the invalidation of additions to it, provided that the conversion of the said additions into independent patents is applied for within the 90 days following notification of the declaration of invalidity (§61).