Recent changes in patent and design applications

Dear colleagues,

We address to you continuing with our communication dated January 2018 in which we informed that a presidential decree had introduced substantial changes in trademark, patent and design procedures in Argentina.

In relation to patent and utility model applications, one of the most significant changes was that the Priority Certificate and its assignments, duly translated, no longer had to be filed within 90 days as from the filing date.
They could be requested by our PTO during the substantive examination procedure.

Notwithstanding the above, on October 1st, the Patent´s Office has regulated said decree stating that the Sworn translation of the priority document must be submitted within three months as from the filing date. The original priority certificate is still not needed at said stage, however, it may still be requested at the time of the substantive examination.

Given this circumstances, and the lack of clarity of this retreat, we believe that it is easier and safer to forward the original priority certificate and its assignment to perform the Sworn translation, so as to avoid any kind of misunderstanding.

Also, it is worth mentioning that patents and utility models filed as from January 12th, 2018 to October 1st, 2018 will now have to comply with this requirement before December 28th, 2018.

Finally, patents filed from October 1st onwards will have to file the Sworn translation within three months as from the filing date.

In relation to design applications the regulation of the decree, also dated October 1st, states that multiple design applications can now be filed (up to 20 different Models or Designs as long as they belong to the same Locarno Classification) by paying an extra official fee. Also, the number of images to be accompanied has been reduced to a maximum of seven per design. It has also been ratified that descriptions of the designs are not mandatory anymore, but descriptions of each of the positional views will have to be accompanied in each of the images/ formal drawings.

Should you need any clarification about these changes, do not hesitate to contact us.

Sincerely yours,