Department of Intellectual Property – Trademarks and Patents report | Normative alert: Resolution INPI No. 112/2019.
Dear Sir or Madam,
The INPI Resolution No. 112/2019 (the “Resolution”) was published in the Official Gazette today. It will become effective as of June 3, 2019. Through this Resolution, the Priority Patent Examination program (“PEP”) was created.
The creation of this program is part of the procedural reform that is being implemented both in the National Institute of Industrial Property (“INPI” by its acronym in Spanish) and in other state agencies since the enactment of Law No. 27,444 of Simplification and De-Bureaucratization for the productive development of the Nation, which seeks to simplify processes and, regarding patents, speed up registration procedures.
This Resolution does not imply any change in the substantive rules of the current patent regulation but the incorporation of a procedural rule to enable the access to the substantive examination in advance, as long as the patent application meets the following conditions:
a) “the first regular filing of the invention patent application has been made in the Argentine Republic;
b) the application has been published in the Institute’s patent gazette;
c) the term of observations by third parties has expired,
d) the substantive examination fee has been paid;
e) the corresponding substantive examination has not been carried out;
f) the applicant has not required another expedited procedure for the same application.”
In order to qualify for the PEP, the applicant must submit a form (published on the Official Gazette’s website) whereby he declares under oath not only the fulfilment of each of the conditions listed above but also that he/she/it has not presented the invention in another patent office before.
Once the application for the PEP has been submitted, the National Patent Administration must resolve on the admission or rejection of the patent registration certificate within a period of 60 calendar days, counted as from the date of the submission.
The validity of the PEP is originally planned for a period of 3 years with the possibility of being extended for equal and successive periods.
Please, do not hesitate to contact us should you require any additional information on this matter.
Emilio Beccar Varela
Martín Beccar Varela