Global IP Matrix - Issue 3 - Jan 2019

Published by
Northon's Media PR & Marketing Ltd
Recent amendments to the
Patent Act; Argentina
Dedicated to women in Intellectual property Law & Innovation
Recently, Law No. 27.444
introduced a series of
amendments in the Patents
Law. The changes introduced
for patents and utility models
are related to (i) Formal
requirements for filings, (ii)
Substantive examination, (iii)
Priority documents, (iv) Agent
applications, and (v) Deadline
reductions.
The reductions include: (i) for the submission
of third party observations - from 60
business days to 30 calendar days. (ii) For the
conversion of a patent to a utility model - from
90 business days to 30 calendar days. (iii) For
the correction of errors - from 180 days to 30
calendar days.
In particular, the main changes introduced
for patents are related to the deadlines for the
presentation of documentation related to the
patent and the priority document.
Mr Pablo A. Palazzi - Partner at Allende & Brea Argentina
www.allendebrea.com.ar
a certified copy from the original office and
a Spanish version of the submission was in a
different language.
The new regulations intended to make this
optional for trademarks, utility models
and patents, but a new Resolution (N°
250/2018) from the INPI ratified that
this is still mandatory, with exception of
patent submissions. This means that patent
applicants are not required to submit the
priority declaration and the transfer of rights
document (if needed).
In the past, the granting of the patent required
the fees payment, the priority declaration, and
the rights transfer document, among others.
If these documents were not submitted, the
applicant was not able to enjoy the international
priority right. Now, the only documents that
must be submitted are (i) denomination and
description of the invention; (i) plans or
technical drawings which are required for
the comprehension of the description; (iii)
one or more claims and; (iv) a summary of
the invention´s description. In other
words, the requirements were
shortened and simplified.
In addition, the patent act established that
any patent application could be converted
into a utility model application and the other
way round. This conversion could be done
90 days from the filing or during the 90 days
after the Patents Office demands it. However,
the amendments to the patent act shortened
the deadline up to 30 days. As before, if the
applicant does not convert the application
during the deadline established, it shall be
declared as abandoned. This modification
contributes to the aim to speed up the times at
the local Patent Office.
One of the most important amendments
is related to the deadline reduction for the
substantive examination. Previously, the
patent act established a period of 180 days
for the examination, where the applicant
could be required to present any additional
information. In this sense, after the 180 days
period, if the applicant did not comply with
the requirements, the application was declared
as abandoned. From
now on, the
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Electronic Applications &
what is needed to apply
Previously, the patent act established that in
order to get the patent submitted the applicant
had to file a written application at the Argentine
Patent Office. With the new regulation, this
requirement has been eliminated and Law N°
27.444 only demands “to file an application”.
This means that applications can be made
electronically.
In order to submit a patent application, it is
mandatory to provide the Argentine Patent
Office with information about the applicant
(inventor and company) and the specification,
containing title, description, claims, abstract
and drawings (if any) of the invention.
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Regarding the priority right, the patent act
established that priority had to be invoked
at the moment the patent was submitted and
accompanied by a priority declaration with
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