Important Changes to Argentina’s Patent Law

On September 27, 2018, the National Institute of Industrial Property in Argentina issued Resolution No. 250/2018 (Resolution) implementing certain changes to Argentine Patent Law that have been awaiting resolution as a result of Law No. 27.444 (Debureaucratization and Simplification Law for the Productive Development of the Nation).

The main change addressed by Resolution relates to the requirement for sworn Spanish translations of patent priority documents.  Specifically, for any patent applications filed after October 1, 2018, a sworn Spanish translation of any priority documents will be required within three (3) months from the date of filing.  Failure to submit a translation within this time frame will result in a loss of the priority right.

Moreover, on October 9, 2018, the National Patent Administration issued Circular No. 4/2018 requiring the submission of sworn Spanish translations of priority documents for patent and utility model applications filed in the Argentine Patent Office between January 12, 2018 and October 1, 2018.  Applicants have three (3) months beginning October 1, 2018, namely, until January 1, 2019, to submit these translations.  Please note that the January 1, 2019 deadline is not extendible.  Failure to submit a sworn translation by this date will result in a loss of a priority right for an application.

Other changes resulting from the Resolution include:

  • The implementation of electronic filing for all intellectual property matters (trademarks, patents, industrial models and designs, technology transfer, etc.), which will simplify and expedite the prosecution of proceedings.
  • An increase in official fees for assignment and change of name proceedings for trademarks, patents, industrial models and designs (from ARS 1200 to ARS 1700).
  • The incorporation of official fees for renewal proceedings of industrial models and designs within the grace period, namely, six (6) months after the expiration date (ARS 4200).

Written by Lisa Mueller and Martin Bechara Arcuri, Clarke, Modet & Co.