• Patent fees

Fees associated with filing patent applications in Argentina as well as other patent fees are available in the fee calculator.

• Term for filing patent application in Argentina

The term for filing a patent application in Argentina claiming priority is 12 months from the date of priority. The restoration of this term in Argentina is not possible.

• Filing requirements in Argentina

The official language of a patent registration in Argentina is Spanish. The application may be filed in any other foreign language; however, its sworn translation into Spanish should be submitted within ten working days from the date of filing.

To obtain the date of filing, a patent application in Argentina should contain:
- a request to grant a patent;
- applicant’s details;
- the description (with one or more claims even if they do not comply with the formal requirements established by the law);
- details of the priority claim (if applicable).

In Argentina, the original of the Priority Document is not required, but the sworn translation into Spanish must be provided within 3 months from the filing date.

The legalisation by apostille or by Argentine Consul and notarization of a Power of Attorney is required. The digital copy of the POA should be provided within 40 business days from the filing date.

• Examination of a patent application in Argentina

Patent applications in Argentina undergo formal and substantive examination. The substantive examination must be requested within 18 months from the date of filing a patent application in Argentina.

• Novelty grace period

In Argentina, the disclosure of an invention will not disprove its novelty if the disclosure occurs within one year prior to the filing date of the patent application, or where applicable, the recognized priority by the inventor or his assignees via any means of communication or by displaying the invention at a national or international exhibition. On filing the application the corresponding substantiating must be provided.

• Grant, validity term and maintenance fees

Patents in Argentina are valid for 20 years from the date of filing. The first annuities should be paid after the patent grant starting from the third year of application date.

• Duration of registration procedure

It takes an average of between 4-5 years from filing to granting of a patent in Argentina.

• Utility Model

It is possible to obtain utility model protection in Argentina. Utility model requirements are less stringent than for patents - novelty must be present and they must be industrially applicable, however, an inventive step is not a necessity. Applications undergo both formal and substantive examination. The validity term of a utility model in Argentina is 10 years from the date of Argentinian filing, which is non-renewable. Only one independent claim is accepted for Utility Model application in Argentina.

• Representation by a patent attorney

For foreign patent applicants, it is necessary to perform patent prosecution in Argentina through an attorney or agent registered in Argentina.

•  Notes

1. Online Database for Argentine Patents Search.
2. Argentina is not a member of PCT; thus, the delays permitted by PCT national phase entry procedure are not available in Argentina. The application may be filed by the national procedure only within the term of 12 months from the priority date.

Brief summary is based on the information provided by Estudio Berbery on 23.01.2024
Please contact us if the above information is not in conformity with Argentine IP Laws