Patents Laws in Argentina
Here’s a detailed overview of Patent Laws in Argentina:
🌎 Overview: Patent Law in Argentina
Argentina has a well-established patent system regulated under national law and aligned with international standards, making it an important jurisdiction for intellectual property protection in South America.
⚖️ Legal Framework
Patent Law No. 24,481 (passed in 1995, last amended several times) is the primary legislation regulating patents.
The National Institute of Industrial Property (INPI) is the Argentine patent office responsible for patent administration.
Argentina is a member of key international treaties including:
Patent Cooperation Treaty (PCT)
Paris Convention for the Protection of Industrial Property
TRIPS Agreement (under WTO)
📌 Key Features of Argentine Patent Law
| Feature | Details |
|---|---|
| Patentable Subject Matter | Inventions that are new, involve an inventive step, and are industrially applicable |
| Excluded Subject Matter | Discoveries, scientific theories, mathematical methods, aesthetic creations, and methods of treatment or diagnosis for humans or animals |
| Patent Term | 20 years from the filing date |
| Filing Options | National filing via INPI or international via PCT |
| Examination | Substantive examination performed by INPI |
| Compulsory Licensing | Possible in certain cases such as public interest or non-working of patent |
| Enforcement | Civil and criminal remedies available, including injunctions, damages, and destruction of infringing goods |
🌐 Patent Application Process
Filing: Submit application to INPI, either national or via PCT route designating Argentina.
Formal Examination: Checks for compliance with filing requirements.
Publication: Application is published 18 months after filing.
Substantive Examination: Upon request, INPI examines patentability criteria.
Grant or Refusal: Patent granted if all conditions met.
Opposition: Third parties may file oppositions after publication.
Maintenance Fees: Annual fees payable to keep the patent in force.
🔍 Additional Notes
Argentina’s patent law provides strong protection and is harmonized with international IP standards.
Enforcement of patents occurs through civil courts; criminal sanctions can apply in cases of willful infringement.
The INPI offers guidelines and support for patent applicants and holders.
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