ISSUANCE OF DECREE NO.27/2018
With the purpose of simplifying administrative procedures, which include a number of provisions affecting patents and industrial designs applications
On January 12th, 2018 the government in Argentina issued Decree No.27/2018 which included amongst others, the following changes in regards to patent application procedures:
- The decree indicates that it will no longer be necessary to file a certified copy of the priority document and the translation thereof. Nonetheless, the examiner may request the mentioned document later on during the examination stage which will open a specific legal term for the applicant to file the mentioned document.
- It will be necessary to carry out an assignment of priority rights if the applicant of the priority is different from the applicant of the national application. Please note that it is no longer mandatory to file the mentioned document within the 90 days term counted from filing date, but it is recommended to do so before the Substantive Examination to avoid a potential Office Action.
- The term for filing the request of a substantive examination for applications filed on or after January 12, 2018 has been reduced from 3 years to 18 months from the filing date.
In regards to Industrial Designs, it is no longer mandatory to file the specification and now it is possible to file photographs and digital reproductions of the same, whereas in the past only drawings were accepted.
On the other hand, the mentioned Decree modifies the renewal period, since, until January 12th 2018, renewal applications had to be requested within 9 to 6 months prior to the expiration date. From now on, renewals must be requested between the expiration date and 6 months prior to it.