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FAQs about WIPO DAS (Digital Access Service) CODE IN ARGENTINA
Dear colleagues, clients, and friends,
As you may already know, Argentina has adopted the WIPO DAS CODE back in 2019 aiming to simplify the procedure to invoke priority and saving costs for applicants.
However, even if the system has proven to be quite useful in some cases, there are some special features of the Argentine system that are worth mentioning:
1. Does providing the DAS code replace the requisite of filing the priority certificate?
YES and NO. Even if the DAS CODE is accepted to replace the submittal of the priority certificate, our Patent Law requires that the priority document is filed together with its sworn translation performed by an Argentine sworn translator. Therefore, if the priority is not in Spanish, it is necessary that a copy of the priority document is provided to execute the translation.
In other words, if the priority is not in Spanish, the priority document is still required since only IP offices are able to retrieve the certificate employing the DAS CODE.
2. Does the DAS CODE need to be provided at the time of filing the patent application?
NO. The code and the sworn translation of the priority document can be provided at any time during the three-month period after the filing of the application.
3. Is it mandatory to use the DAS CODE when claiming priority via Paris Convention?
NO. Using this alternative is voluntary, since it is still possible to claim priority by proving either a digital or a paper priority certificate.
4. What are the benefits of the system?
One of the most important benefits is safety and confidentiality since by using the CODE only IP Offices and applicants can access the priority application, which should be secret and not publicly available during this period.
Another benefit is preventing the applicant from requesting many priority certificates for all foreign offices where the application will be filed and, therefore, saving costs and time. However, and as we already mentioned, this advantage is relative in Argentina since at least a digital copy of the priority certificate will be needed to perform the translation.
We hope you find this information useful and remain at your disposal for any further questions.
Livia Carbonelli
Palacio & Asociados
Update: The Trademark and Patent Office implemented the WIPO DAS for Trademarks and Designs on August 23rd, 2023.
