Patent filing in Argentina:

All you need to know 

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Patent filing
in Argentina:

All you need to know

brazil-general-info-patHUBlatam

Download our ultimate filing guide to learn the specific requirements for filing in USA + LATAM's top 7 countries

Building a strong patent portfolio starts with your filing strategy. For patent filing in Argentina, you need to know the local patent office requirements. This guide will take you through all filing requirements and important stats in Argentina.

Argentina patent filing requirements

When conducting a patent filing in Argentina, you are required to submit the following documents:

    • Spanish version of the final filing text (abstract, specification and claims). However, you may file in English (Title and abstract must be filed in Spanish). When filing in English, a sworn Spanish translation must be submitted within a 10-business day window after filing.
    • Drawings (if applicable).
    • Sequence Listing (If applicable)
    • Cert. of Deposit of Bio. Material (If applicable)
    • A signed copy of the Power of Attorney – NOT MANDATORY FOR FILING BUT HIGHLY RECOMMENDED TO AVOID A FORMAL OFFICE ACTION.

    Argentina translation requirements

    A Spanish version of the final filing text (abstract, specification and claims) must be submitted with filing. However, you may file in English (Title and abstract must be filed in Spanish). When filing in English, a sworn Spanish translation must be submitted within a 10-business day window after filing.

    Given Argentina is a non-PCT country, sworn Spanish translation of priority documents and assignments (if requested) must be filed three (3) months after filing.

    Term for filing

    In Argentina, the deadline for filing is 12 months from the oldest priority date.

    Patent term, grant, and maintenance

    The patent term is 20 years from the convention filing.

    Terms for requesting examination

    After filing a patent application, an examination must be requested to decide whether the application meets the requirements to be granted a patent. In Argentina, examination must be requested within 18 months from the date of filing.

    Patent Prosecution Highway (PPH)

    PPH is available in Argentina through the following agreements:

    • Latin America (PROSUR)
    • United States (USPTO)
    • China (CNIPA)
    • Japon (JPO)
    • Dinamarca (DPTO)

    Annuities

    Applicants in Argentina are required to pay all due annuities counted from the third year, once granting is notified. All future annuities are due every year on the filing date. A 6-month grace period is available.

    Local patent office

    For patent filing in Argentina, you must address the local office: National Institute of Industrial Property (INPI).

    Their website is:

    Link: https://www.argentina.gob.ar/inpi

    Reinstatement of rights

    In Argentina, requests for restoration of priority rights are not allowed.

    Argentina Patent Statistics

    Brazil patent filing statistics

    While Argentina saw a modest -2.5% decline in total patent applications in 2022, a 9.4% jump in resident filings signals a promising recovery in domestic innovation efforts, possibly fueled by the “Patents for Export” program. However, the 4% dip in non-resident filings were the result of economic uncertainty, changes in government policies, and increased competition from other Latin American countries.

    Brazil top patent filers

    The United States remains the largest non-resident filer in Argentina, with over 1,300 filings in 2022. Notably, the US filed more patents in Argentina than the following 10 countries combined, though experiencing a 7.6% decrease year-over-year. The top 5 filing countries accounted for a decreasing share of foreign filings, shrinking from 73% in 2021 to 69% in 2022. China has made a remarkable leap in patent filings in Argentina, vaulting from 7th place in 2021 to 5th in 2022, representing a staggering 79% growth.

    AVOID PITFALLS

    Get familiar with each country's specific filing requirements beforehand with the ultimate filing guide in USA + LATAM's top 7 countries, featuring:

    Patent and translation requirements

    Term for filing

    Patent term, grant, and maintenance

    Terms for requesting examination

    Annuity due dates

    and more...

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