28 May Filing for a Design Patent in Argentina
Filing for a Design Patent in Argentina
How to protect a Design Patent in Argentina
The National Institute for Industrial Property INPI (Argentina’s PTO) will only require to look into the formal aspects of the application. This would be all the necessary information (registrant’s name and address, title, authorship, etc.) and paperwork (Power of Attorney, assignment, drawings, priority document, specification, etc.) to proceed for registration. It is important to state that it is not obligatory that the drawings filed in the priority application be identical to those filed in the national application in order to claim priority rights, there may be differences but they should only refer to the following aspects: (1) number of views; (2) excluded parts drawn in broken lines; (3) shading lines; (4) photographs replacing line drawings and vice versa; (5) number of embodiments. Filing for a Design Patent in Argentina
Design Patent protection has no opposition stage.
Contrary to what it is required for Trademark protection, the Design Patent protection procedure has no opposition stage nor an expedited procedure. A way to expedite registration of a design application is to file all requisite documents simultaneously with the application. Late filing is allowed: 40 days for the Power of Attorney, and 90 days for the formal drawings, the assignment of priority rights, the priority document, and their respective translations. It is not possible to extend these terms. The advantage to registering a Design Patent over a TM registration lies on its extremely speedy registration, whereas a TM may take a lot more time (not less than a year) and is subject to renewal and use. Filing for a Design Patent in Argentina
How long can a Design Patent registration take?
To begin with, there are certain documents you need to gather for a design patent. For example, a Power of Attorney, formal drawings, priority document, and assignment of priority rights as well. Actually, you should file them together with the application.
In general, the average time it would take -from the filing date until the issue date- is around 2 months. In the event of a late filing, the average pendency may take from 5 to 6 months. Please note that there is no protection for the design patent while the application is pending. This is due to secretness, but once registration is granted, validity and effectiveness will roll back to the filing date.
How long will a Design Patent be protected after registration in Argentina?
As a matter of fact, the protection after registration is for three immediate successive five-year terms, beginning on the date of the first filing. Afterward, the renewal is between six and nine months prior to the expiration of the running five year period. Also, it is not possible to legally extend a term. Filing for a Design Patent in Argentina
Can I register a Trademark AND a Design Patent?
Yes. It is possible to overlap designs and trademarks in Argentina. Argentina’s PTO (INPI) will also accept three-dimensional trademarks. In fact, for the simultaneous protection of design patent and trademark, you need to file both applications on the same day. Thus, you will avoid reciprocal anticipation, which can be absolutely destructive for the Design Patent application.
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