Argentina
Patent/IP in Argentina
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Intellectual Property
For a list of Patent Attorneys, please click on the 'Patent Attorneys in Argentina' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
Trademarks
Trademark registration is valid for 10 years, renewable indefinitely for 10 year periods at a time, providing the trademark is used in connection with the sale of a product during the five years before its expiration. If you don't use the trademark within the five-year period, it may be cancelled.
The law is generally based upon good faith, although big trademarks are commonly warranted the protection of the Court.
Patents
Argentina adheres to the Paris Convention and the TRIPS Agreement. However, it does not subscribe to the Patent Convention Treaty.
Patents are granted 20 years from the date of application. In Argentina, the Patentee reserves the right to prevent third parties from manufacturing, using, selling or importing the patented product. The protection for ?process patents' is also in effect.
The following are not patentable in Argentina: scientific theories, mathematical methods, literary or artistic works, aesthetic creations, plans, rules and methods for intellectual activity, games, economic and commercial activities, computer programmes, methods of diagnosis, and surgical or therapeutic treatment (for humans of animals).
Patent applications must be published within 18 months of filing. Third parties may submit applications which dispute the patent. The Patentee must pay yearly fees to keep the patent active. Patent applications can be submitted in the name of an individual or company.
A foreign patentee must establish a legal address in Argentina to register a patent.
To apply for a patent in Argentina, you must provide:
- Name and address of the applicant
- Name, address and citizenship of the Inventor(s)
- Title/Name of Invention
- Abstract of the Invention, Utility Model or Design
- Invention, Utility Model or Design Text Description
- Claims
- Illustrations
- A Spanish version of the specifications
- Assignment document (if applicant is not the inventor)
- Does not need notarisation - must be presented within 90 days
- Official certified priority document, priority number and country of origin
- Official search results from the Patent Office where the patent was originally filed
Registration Office
Instituto Nacional de la Propiedad Industrial
Paseo Colon 717
C.P. 1063
Capital Federal
Buenos Aires
Argentina
Telephone: +54 11 4344 4967/68
Fax: +54 11 4344 5286
Website:
www.inpi.gov.ar/templates/index.asp
