This time we are addressing to you, our friends and colleagues, in relation to an issue which generates a lot of inquiries, and –unfortunately very often- upsetting experiences with your own clients.

As many of you know, Argentina is still one of the very few countries which are not yet members of the Patent Cooperation Treaty (PCT) and, therefore, your client application´s may not be filed in our country via this route.

Unfortunately many colleagues learn this in the hard way, when there is nothing left to do. That is why we want to take this opportunity to remind you to check on your recently filed PCT applications, and add a new deadline or checkpoint.

Our country follows an absolute novelty system in accordance with the Paris Agreement and therefore if the subject matter of the invention has not been disclosed, it may be possible to obtain protection through a patent.

In relation to priority rights and novelty requirements, please note the following:

·        If your client´s PCT application was filed less than twelve months ago, it can be filed claiming the PCT priority, according to the Paris Convention.

·        If your client´s PCT application was filed more than twelve months ago, but has not been published yet and novelty has not been harmed in any manner, then the application can be filed, without invoking priority rights.

·        If your client´s PCT application was filed more than twelve months ago, and it has already been published, it is pointless to file the application in Argentina since novelty has already been harmed by said publication.

We truly hope this information becomes in handy, and may help you avoid any inconvenience with your clients.

Should you have any further doubts or questions in relation to this issue, please do not hesitate to contact us at palacio@palacio.com.ar