ARGENTINA

Argentina is not a member of the PCT. If you wish to claim a priority, your filing must be done as a separate Argentinian application 12 months after the first filing.

Argentina provides a new and highly attractive patent granting High-Way: With the patent office resolution No.56/2016 which entered into force on October 1, 2016, Argentinian patent applications having a corresponding patent application abroad (e.g. EP or US) that has been granted, may use this foreign patent to get the corresponding application granted in Argentina.

Patentable
inventions

To be eligible for patent protection, an invention must meet several requirements. These include that the invention claimed:

  • does not consist of an invention whose patentability is excluded by national legislation (see below);
  • is new
  • involves an inventive step
  • capable of industrial application
  • is disclosed in a clear and complete manner in the patent application

If needed, we can also provide you with a search service for identifying prior art. This will be done in-house with our experienced patent professionals.

What kind of inventions
are not patentable?

A list of items that cannot be protected is included in most national or regional patent laws. Examples of some of the areas that may be excluded from patent protection are listed following:

  • discoveries and scientific theories;
  • aesthetic creations;
  • systems, norms and methods for performing intellectual activities;
  • mere discoveries of substances as they naturally occur on earth;
  • inventions that may affect public order, morality or public health;
  • diagnostic, therapeutic and surgical methods for treatment of humans and animals;
  • plants and animals other than microorganisms, and essentially biological processes to produce plants or animals other than non-biological and microbiological processes;
  • software
What does it cost to
patent an invention?

Argentina is not an expensive country when it comes to IP costs. Costs vary a bit from one application to another, depending on factors such as the nature of the invention, its complexity, attorney fees, the length of the application and objections raised during the examination by the patent office. A sworn Spanish translation will be needed.

  • The official filing fees vary if the applicant is a large enterprise or whether it is a company or individual. For company and individuals tariffs apply that are 50% of the corresponding fees for large enterprises.
  • Office Fee for filling a Patent application (up to ten claims) 205 Euros.
  • Additional fee for each claim exceeding ten (11 Euros).
  • Once the patent office has granted a patent, maintenance or renewal fees have to be paid, generally on an annual basis, to maintain the validity of the patent during its lifetime.
  • In the case of inventions related to microorganisms, in which the deposit of the microorganism or biological material with a recognized depositary institution is necessary, fees are payable for filing, storage and viability testing of the deposited material.
  • In the case of biotechnological invention, a DNA and/or amino acid sequence protocol may need to be provided.

Term of protection for patents
20 years from filing date.

Term of protection for utility models
10 years from filing date.