Patents in Argentina: A Useful and Thorough Guide Regarding Patents

Patents in Argentina: A Useful and Thorough Guide Regarding Patents

Patents in Argentina

Patents in Argentina

Your patent application in Argentina may be at risk if you don’t take immediate action.

In fact, a bulk number of patent applications will be declared abandoned by November 28th, 2014.

Thus, if you have a pending patent application in Argentina, this article is important for you.

Patents in Argentina

Patents in Argentina

On August 15th, 2014, the Argentinian Patent Office (INPI) issued the Resolution No. 187/2014. According to this Resolution, the owners of all Patent of Invention/Utility Model applications filed before the 1st of January of 2013, which claimed priority from at least one foreign application, will need to provide the Patent Office with the status of the priority application or the application will be considered abandoned.

 

Patents in Argentina: A Useful and Thorough Guide Regarding Patents

Thus, in the event that more than one priority is claimed, it will only be necessary to provide the status of the oldest application.

Concretely, the Patent of Invention/Utility Model applications affected by the Resolution are those that meet all the following criteria:

First, the application must be in progress. The applications that have been granted by the INPI are not involved.

Second, the application must have been filed prior to January 1st, 2013. The applications filed after January 1st, 2013 are not covered by the Resolution.

Third, the application must have claimed a priority within the framework of the Paris Convention. The Resolution does not apply to those applications that did not claim priority.

Patents in Argentina

Patents in Argentina

Moreover, all Patent of Invention/Utility Model applications in course that do not meet all the aforementioned requirements do not have to report anything. Also, this resolution does not apply to them. In fact, the INPI has not established service fees for the response to this office action. Consequently, there are no additional fees for providing the information of the priority application.

 

Patents in Argentina: A Useful and Thorough Guide Regarding Patents

However, failure to provide this information within 90 days from the date of publication of this Regulation in the Official Journal will result in the abandonment of the Argentinian application. The deadline for complying with this requirement is November 28th, 2014.

In fact, we consider this resolution clearly arbitrary. Mainly, because it imposes an additional requirement for the patent application process following the filing. Also, it inflicts an unfair burden on applicants because of an act imputable solely to the INPI.

In addition, it is not possible to extend the deadline. Likewise, failing to comply subsequently results in the abandonment of the application. Indeed, this is a penalty too severe in contrast with the applicable legislation at the filing stage.

Nevertheless, as the Resolution is currently in force, it is important to comply with the requirement. Along with the Resolution, there is an annex that includes all patent applications by number to which the requirement applies.

Then, browse the annex in order to check if your application is among the affected ones. However, if your application is not on the list, but it meets all the other criteria, contact your attorney for further advice on the subject or contact us for assistance with this matter.








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