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Translation Patent Hacks in Argentina:
Keys to avoid incurring in unnecessary costs
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Here you will find some frequently asked questions related to translation requirements when filing patent applications in Argentina to better understand the scenario and help you decide the most convenient course of action.
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1. Can applications be filed in a foreign language?
YES. Applications, due to the urgency of the matter, can be filed in a foreign language as long as a sworn translation to Spanish is filed within the next 10 working days. If the priority deadline is close and there is no time to translate, you can always take advantage of this alternative.
2. Do priority documents need to be translated?
YES. Sworn translations of priority documents must be filed for all priority documents that are not in Spanish. The deadline to file their translation is three months as from the filing date in Argentina. All priority translations must be signed by a local sworn translator.
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3. Does the translation need to be always performed from the original application´s language?
YES and NO. For languages such us English, Portuguese, French and German, a direct sworn translation of the priority document is a must. However, for languages such as Chinese, Japanese, or other languages for which not many registered translators are available in Argentina, the Patent Office is accepting intermediate translations from the original language to English and then the sworn translation from English to Spanish. It is important to highlight that this intermediate translation needs to be accompanied by a letter of verification from the translator and that said intermediate translation is duly legalized by the Argentine consulate of the country of origin or via Apostille. Therefore, for these cases it is always convenient to quote both alternatives and decide which one is more cost and time efficient.
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4. Is it necessary to send a hard copy of the priority document to perform the translation?
NO. A digital copy of the document will suffice, but if the priority document has been issued in paper format, then we recommend sending the same to our offices since it might be requested by the Patent Office during the substantive examination stage.
5. Do other documents need to be sworn translated?
YES and NO. In Argentina, only if the priority applicant and the Argentine applicant differ, an assignment document needs to be filed. If the assignment is not drafted by our firm – in a double column format including both languages- then the same must be also sworn translated to Spanish.
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6. How can costs be saved?
If we perform the translation of the specification, claims and drawings to be filed and then the translation of the priority documents and both documents are very similar, then we will only charge for a minimum review fee the translation and the extra sheets of the forms that are included in the priority documents.
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We also invite you to read the Frequently Asked Questions about the WIPO DAS code in Argentina.
We hope you find this information helpful and remain at your disposal for any IP related query.
Regards,
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Agente de la Propiedad Industrial
Departamento de Patentes
Palacio & Asociados
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Seguínos en nuestras redes:
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Palacio & Asociados | Marcas & Patentes
Av. Corrientes 1386, piso 13 (1043), Buenos Aires.
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