Argentine patent applications

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Release time:2016-05-13

On February 10, 1967, Argentina became a member of the Paris Convention for the Protection of Industrial Property, but not yet a member of the Patent Cooperation Treaty. After more than three years of debate between the executive branch and Congress over patent protection for pharmaceutical products, the Argentine executive branch issued a decree in March 1996 to improve Argentina's earlier patent law. This decree authorizes the State Intellectual Property Office to start patent protection of drugs in November 2000. The decree does not provide for patent protection of products under research, and there are no clear provisions on parallel import and compulsory licensing. Argentina is also a member of the International Convention for the Protection of New Varieties of Plants (UPOV).

 

Classification of 1. Argentine patent applications:

(1) International patent application for invention patent

The requirements of the invention patent are as follows:

New breakthrough: invention is global. On a global scale, the invention must not be included in any known technical knowledge. However, any domestic/international exhibition of the invention within one year before the date of application or priority will not affect its novelty.

Inventive activity: An invention cannot consist of a mixture of any known elements.

Industrial use: The purpose of the invention must be focused on an industrial product or result. international patent application

(2) Utility model

For inventions that are known and have a specific purpose of tools, working instruments, equipment, appliances, and utensils that are introduced into new uses, or adopt new forms to make their functions more fully applied, the invention will give its creator the exclusive right to use. international patent application

(3) Industrial design

Industrial new type and appearance design refers to the form or appearance adopted or integrated by industrial products and endowed with decorative characteristics.

 

 2. Argentine patent protection period

(1) The patent for invention is valid for 20 years from the grant of the patent. international patent application

(2) The utility model license is valid for a period of 10 years and can be renewed.

(2) The industrial design is valid for 5 years and can be renewed 2 times for 5 years each time. international patent application