Key Benefits:
Bs. As., 20/3/96
VISTO Laws No. 24,481, 24,572 and 24,603 and Decrees No. 590 of 18 October 1995 and 3 January 1996 and
CONSIDERING:
That in the debate prior to the sanction by the Congress of the Nation of draft Law No. 24.603, whose article 2 was observed by the National Executive, the legislators questioned some provisions of Decree No. 590 of 18 October 1995, arguing their alleged regulatory excess.
That the observation of the national executive branch had as its sole purpose the preservation of the regulatory powers conferred upon it by the NATIONAL CONSTITUTION, without prejudice to the particular consideration and analysis of the arguments made in the aforementioned debate.
That, after the joint work carried out by officials of the National Executive Branch with representative legislators of the two Chambers, a further review has been carried out regarding the text of a regulation of the laws mentioned in the Hittite, which fully preserves the presidential powers and respects the international commitments assumed by the Republic, responds to the concerns of the National Congress regarding the exercise of its own competences.
That, for its part, successive legislative and regulatory amendments make it advisable to adopt a new ordained text of the Law, as well as a text of its regulation that replaces from its publication to Decree No. 590 of 18 October 1995.
That the present is given in the use of the powers conferred by article 99, paragraph 2 of the National Constitution and Law No. 20.004.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 . Replace Decree No. 590 of 18 October 1995 and its annex II, with the present decree and its annexes. Article 2 . Approve the Ordered Text of the Law on Invention Patents and Utility Models No. 24.481, with the corrections of Law No. 24.572 which acts as Annex I and forms an integral part of this decree. Article 3 . Approve the Regulation of Law No. 24,481 with the corrections introduced by Law No. 24,572, which, as Annex II, is an integral part of this decree. Article 4 . Streamline the validity of Annex I to Decree 590 of 18 October 1995, incorporating it as Annex III to this decree. Article 5 . Communicate, publish, give to the National Directorate of Official Records and archvese. . MENEM. . Eduardo Bauzá. . Domingo F. Cavallo.Annex I
TEXT ORDER OF THE LAW OF INVENTION COUNTRIES AND UTILITY MODELS No. 24.481 MODIFICED BY LAW No. 24.572 (T.O.1996)
PART I
GENERAL PROVISIONS
ARTICLE 1 . Inventions in all genders and branches of production will give their authors the rights and obligations specified in this law.
ARTICLE 2o La The title of the invention will be credited with the award of the following industrial property titles:
(a) Patents of invention; and
(b) Certificates of utility model.
ARTICLE 3o . You can obtain the titles of industrial property regulated by this law, the national or foreign natural or legal persons that have a real or constituted domicile in the country.
PART II
INVENTION
CHAPTER I
PATENTABILITY
ARTICLE 4o . The inventions of products or procedures will be patentable, provided they are new, they involve an inventive activity and are susceptible to industrial application.
(a) For the purposes of this law, an invention shall be deemed to be an invention to any human creation that allows the transformation of matter or energy for the use of it by man.
(b) Any invention that is not understood in the state of the technique will also be considered novel.
(c) The status of the technique should be understood as a set of technical knowledge that has been made public before the date of submission of the patent application or, where appropriate, of the recognized priority, by means of an oral or written description, by exploitation or by any other means of dissemination or information, in the country or abroad.
(d) There will be inventive activity when the creative process or its results are not deducted from the state of the technique in an obvious way for a person normally versed in the corresponding technical matter.
(e) There will be industrial application when the object of the invention leads to obtaining a result or an industrial product, understanding the term industry as a compressive of agriculture, the forest industry, livestock, fishing, mining, the processing industries themselves and services.
ARTICLE 5o . The disclosure of an invention will not affect its novelty, when within one (1) year prior to the date of submission of the patent application or, if any, of the recognized priority, the inventor or its cause of existence have made known the invention by any means of communication or exhibited it in a national or international exhibition. When the application is submitted, the evidence must be included in the conditions established by the regulations of this law.
ARTICLE 6 : No inventions will be considered for the purposes of this law:
(a) Discoveries, scientific theories and mathematical methods;
(b) Literary or artistic works or any other aesthetic creation, as well as scientific works;
(c) Plans, rules and methods for the exercise of intellectual activities, for games or for economic-commercial activities, as well as computer programs;
(d) Forms of reporting;
(e) Surgical, therapeutic or diagnostic treatment methods applicable to the human body and those related to animals;
(f) The juxtaposition of known inventions or mixtures of known products, their variation of form, of dimensions or of materials, except for their combination or fusion in such a way that they cannot function separately or that the characteristic qualities or functions of them are modified to obtain an unobvious industrial result for a technician in the matter;
(g) All kinds of living matter and pre-existing substances in nature.
ARTICLE 7o : They are not patentable:
(a) Inventions whose exploitation in the territory of the ARGENTINA REPUBLIC should be prevented to protect the public order or morality, health or life of persons or animals or to preserve vegetables or avoid serious damage to the environment;
(b) The entire biological and genetic material existing in nature or its replica, in the biological processes implicit in animal, plant and human reproduction, including the genetic processes related to the material capable of driving its own duplication in normal and free conditions as it occurs in nature.
CHAPTER II
Right to the right
ARTICLE 8 . The right to the patent shall belong to the inventor or its cause holders who shall have the right to assign it or transfer it by any lawful means and to conclude license contracts. The patent shall grant its holder the following exclusive rights, without prejudice to the provisions of articles 36 and 99 of this law:
(a) Where the matter of the patent is a product, to prevent third parties without their consent from performing acts of manufacture, use, offer for the sale, sale or import of the product subject of the patent;
(b) Where the matter of the patent is a procedure, to prevent third parties, without their consent, from performing the act of use thereof.
ARTICLE 9o . Except as evidence to the contrary, the inventor shall be presumed to the person or natural persons designated as such in the application of patent or certificate of model of utility. The inventor or inventors shall have the right to be mentioned in the corresponding title.
ARTICLE 10. s Inventions developed during a working relationship:
(a) Those carried out by the worker during the course of his contract or working relationship or of services with the employer who have the full or part purpose of making inventive activities shall belong to the employer.
(b) The worker, who is the author of the invention under the previous assumption, shall be entitled to supplementary remuneration for its realization, if his personal contribution to the invention and the importance of it for the company and employer clearly exceeds the explicit or implicit content of his contract or working relationship. If the conditions stipulated in subparagraph (a) did not exist, where the worker made an invention in relation to his or her professional activity in the enterprise and in his or her acquisition had predominantly influenced knowledge acquired within the enterprise or the use of means provided by the company, the employer shall have the right to the ownership of the invention or to reserve the right of exploitation thereof. The employer must exercise such an option within the NOVENTA (90) days of the invention.
(c) When the employer assumes the ownership of an invention or reserves the right of exploitation thereof, the worker shall have the right to a fair economic compensation, fixed in response to the industrial and commercial importance of the invention, taking into account the value of the means or knowledge provided by the company and the contributions of the own worker, in the event that the employer grants a license to third parties, the inventor may claim the holder of the patent of invention.
(d) An industrial invention will be considered as developed during the execution of a contract of work or service delivery, when the patent application has been filed up to UN (1) year after the date on which the inventor left the job within whose field of activity the invention was obtained.
(e) The labour inventions in which the circumstances set out in subparagraphs (a) and (b) do not meet shall belong exclusively to the author.
(f) Any worker ' s advance waiver of rights under this article shall be null and void.
ARTICLE 11. El The right conferred by the patent will be determined by the first approved reinvindication, which define the invention and define the scope of the law. The description and the drawings or plans, or if any, the deposit of biological material will serve to interpret them.
CHAPTER III
PATENT CONCESION
ARTICLE 12. DE In order to obtain a patent, a written application must be submitted to the NATIONAL ADMINISTRATION OF PATENTES of the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, with the characteristics and other data indicating this law and its regulations.
ARTICLE 13. . The patent may be requested directly by the inventor or by his or her causes or through his or her representatives. When a patent is requested after doing so in other countries, the date of submission of the first patent application will be recognized as a priority date, provided that no more than one (1) year of the original submission has elapsed.
ARTICLE 14. El The right of priority set forth in the previous article must be invoked in the patent application. The applicant shall submit, in the form and time limits that are established, a prioritization statement and a copy certified by the original office of the previous application accompanied by its translation into Spanish, when the application is drafted in another language.
In addition, to recognize the priority, the following requirements must be met:
I) That the request presented at the ARGENTINA REPUBLIC does not have greater scope than that claimed in the foreign application; if it has it; the priority must be only partial and referred to the foreign request.
II) That there is reciprocity in the country of the first application.
ARTICLE 15. . When several inventors have made the same invention independently of each other, the right to the patent shall belong to the one who has the application with a date of presentation or a recognized priority, if any, older. If the invention had been made by several persons together, the right to the patent shall belong in common to all of them.
ARTICLE 16. El The applicant may desist from your application at any time of processing. In case the application corresponds to more than one applicant, the withdrawal must be made in common. If it were not, the rights of the waiver will be in favor of the other applicants.
ARTICLE 17. La The patent application may only be understood by a single invention or a group of inventions related to each other in such a way that they integrate a single concept of invention in general. Applications that do not comply with this requirement shall be divided according to the statutory provisions.
ARTICLE 18. La The date of submission of the application shall be the date at which the applicant surrenders in the NATIONAL ADMINISTRATION OF PATENTS created by this law:
(a) A statement requesting the patent;
(b) Identification of the applicant;
(c) A description and one or more claims even if they do not meet the formal requirements set out in this law.
ARTICLE 19. de In order to obtain the patent, it must be accompanied:
(a) The name and description of the invention;
(b) The technical drawings or drawings required for the understanding of the description;
(c) One or more claims;
(d) A summary of the description of the invention and the reproductions of the drawings that will serve only for publication and as an element of technical information;
(e) Recording the payment of rights;
(f) The documents of assignment of rights and priority.
If NOVATE (90) days have passed since the date of submission of the application without the accompanying of the entire documentation, the application shall be refused without further processing, except for cases of duly justified force. The lack of submission within the same time period of the elements set out in subparagraph (f) will result in the loss of the right to international priority.
ARTICLE 20. La The invention must be described in the request in a sufficiently clear and complete manner so that an expert and with the best knowledge in the matter can execute it. It should also include the best known method to execute and implement invention, and the elements that are used in a clear and accurate manner.
The methods and procedures described should be directly applicable in production.
In the case of requests relating to microorganisms, the product to be obtained with a claimed process must be described together with that in the respective request, and the deposit of the strain will be made in an institution authorized to do so, in accordance with the rules specified by the regulation.
The public shall have access to the cultivation of the micro-organism in the depositing institution, from the day of the publication of the patent application, under the conditions established by regulation.
ARTICLE 21. Los The drawings, planes and diagrams that are accompanied should be clear enough to achieve the understanding of the description.
ARTICLE 22. . The demands will define the object for which the protection is requested, having to be clear and concise. They may be one or more and must be based on the description without exceeding it.
The first claim will refer to the main object by obliging the remaining ones to be subordinate to it.
ARTICLE 23. . During processing, a patent application for invention may be converted into a certificate of utility model and vice versa. Conversion can only be made within the NORTH (90) days following the date of its submission, or within the NORTH (90) days following the date on which the NATIONAL ADMINISTRATION OF PATENTS requires it to be converted. In the event that the applicant does not convert the application within the stipulated time limit, the application will be abandoned.
ARTICLE 24. La NATIONAL ADMINISTRATION DE PATENTES will conduct a preliminary examination of the documentation and may require clarification of what it deems necessary or omissions to be corrected. If the applicant fails to comply with this requirement, within a period of CENTO OCHENTA (180) days, the application will be considered abandoned.
ARTICLE 25. La The patent application and its annexes will be confidential until the time of publication.
ARTICLE 26. La NATIONAL ADMINISTRATION DE PATENTES will proceed to publish the patent application in process within the DIECIOCHO (18) months, counted from the date of submission. At the request of the applicant, the application shall be published prior to the expiration of the specified period.
ARTICLE 27. . Prior to payment of the rate established in the regulatory decree, the NATIONAL ADMINSTRATION OF PATENTES shall proceed to conduct a substantive review, to verify compliance with the conditions stipulated in Chapter II, Chapter I of this Law.
The NATIONAL ADMINISTRATION OF PATENTES may require a copy of the substantive review carried out by foreign review offices in the terms established by the regulatory decree and may also request reports to investigators performing at universities or scientific-technological institutes in the country, who will be paid in each case, in accordance with the provisions of the regulatory decree.
If deemed necessary, the applicant for the invention patent may require the Administration to undertake this examination at its facilities.
If three (3) years after the filing of the patent application, the petitioner does not endorse the rate for the review of the merits, the patent will be considered dismiss.
ARTICLE 28. . When the request merits observations, the NATIONAL ADMINISTRATION OF PATENTES shall be transferred to the applicant for clarification within the time limit of SESENTA (60) days, which it deems relevant or submits the information or documentation required. If the applicant fails to comply with the requirements within the specified time limit, his application shall be deemed dismiss.
All comments shall be made in one act by the NATIONAL ADMINISTRATION OF PATENTS, except where clarification or prior explanations are required.
Any person may comment on the patent application and add documentary evidence within the time limit of SESENTA (60) days of the publication provided for in Article 26. Comments should consist of the lack or insufficiency of the legal requirements for granting them.
ARTICLE 29. . In the event that the observations made by the NATIONAL ADMINISTRATION OF PATENTES were not saved by the applicant, the request for the patent shall be refused in writing to the applicant, with the expression of the reasons and basis of the resolution.
ARTICLE 30. . Approved all the necessary requirements, the NATIONAL ADMINISTRATION OF PATENTES will proceed to extend the title.
ARTICLE 31. La The granting of the patent shall be done without prejudice to a third party with a better right than the applicant and without guarantee of the State as to the usefulness of the object on which it falls.
ARTICLE 32. El The announcement of the concession of the Invention Patent will be published in the Bulletin that will edit the NATIONAL ADMINISTRATION OF PATENTES. The notice should include the following:
(a) The number of the patent granted;
(b) The class or classes in which the patent has been included;
(c) The name and surname, or the social denomination, and the nationality of the applicant and in his case of the inventor, as well as his domicile;
(d) The summary of invention and claims;
(e) The reference to the newsletter in which the patent application has been made public and, where appropriate, the amendments made to its claims;
(f) The date of application and concession, and
(g) The time limit for which it is granted.
ARTICLE 33. . Changes can only be allowed in the text of a patent title to correct material errors or form.
ARTICLE 34. Las Invention patents granted shall be of public knowledge and a copy of the documentation shall be extended to the applicant, upon payment of the tariffs established.
CHAPTER IV
DURATION AND EFFECTS OF PATENTS
ARTICLE 35. La The patent has a duration of VEINTE years imprrogable, counted from the date of submission of the application.
ARTICLE 36. El The right conferred by a patent will have no effect on:
(a) A third party who, in the private or academic sphere and for non-commercial purposes, undertakes purely experimental, experimental or educational scientific or technological research activities, and for this purpose makes or uses a product or uses a process equal to the patented one.
(b) The preparation of medications carried out on a regular basis by qualified professionals and by unit in the execution of a medical prescription, or by acts relating to the medications thus prepared.
(c) Any person who acquires, uses, imports or in any way commercializes the product patented or obtained by the patented process, once the product has been lawfully placed in the trade of any country. It will be understood that putting into trade is lawful when it is in accordance with the Agreement on Intellectual Property Rights linked to trade. Part III Section IV TRIP's-GATT Agreement.
(d) The use of patented inventions in our country on board foreign, land, maritime or air vehicles that accidentally or temporarily circulate in the jurisdiction of the ARGENTINA REPUBLIC, if they are used exclusively for the needs of the same.
CHAPTER V
CONTRACTUAL TRANSMISSION AND LICENCES
ARTICLE 37. . The patent and utility model will be communicable and may be licensed in full or partial form in the terms and formalities established by the law. In order for the assignment to take effect in respect of third parties, it must be registered in the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY.
ARTICLE 38. . Licensing contracts shall not contain restrictive trade clauses affecting the production, marketing or technological development of the licensee, restrict competition and incur any other conduct such as, exclusive conditions of retrocession, which impede the challenge of validity, those which impose mandatory joint licences, or any other conduct established in Act No. 22,262 or the one that modifies or replaces it.
ARTICLE 39. . Unless otherwise stipulated the granting of a license will not exclude the possibility, by the patent holder or utility model, of granting other licenses or carrying out its simultaneous exploitation by itself.
ARTICLE 40. La The person benefited from a contractual license will have the right to exercise the legal actions that correspond to the holder of the inventions, only in the case that the person does not exercise them for himself.
CHAPTER VI
EXCEPTIONS TO THE CONFERRED RIGHTS
ARTICLE 41. EL NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL to a well-founded requirement of competent authority may establish limited exceptions to the rights conferred by a patent. Exceptions should not unjustifiably infringe on the normal exploitation of the patent or cause unjustified prejudice to the legitimate interests of the patent holder, taking into account the legitimate interests of third parties.
CHAPTER VII
OTHER USES WITHIN AUTHORIZATION OF THE TITULAR OF THE
ARTICLE 42. s When a potential user has tried to obtain a license from the holder of a patent in reasonable terms and conditions in the terms of article 43 and such attempts have not been effective after a period of CINCUENT CENTA (150) days have been recorded from the date on which the respective license was requested, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, may allow other uses of this patent without the authorization of its holder. Without prejudice to the above, the authorities established by Act No. 22,262 or amending or replacing it must be communicated to the authorities, which protects the free concurrence of the corresponding effects.
ARTICLE 43. . After three (3) years since the granting of the patent, or CUATRO (4) since the submission of the application, if the invention has not been exploited, except force majeure or no effective and serious preparations have been made to exploit the invention object of the patent or when the exploitation of the patent has been interrupted for more than one (1) year, any person may request permission to use the invention without the authorization of his holder.
In addition to those legally recognized as such, the objective difficulties of a legal technical nature, such as the delay in obtaining the registration in Public Agencies for the authorization to commercialize, outside the will of the holder of the patent, will be considered as the force majeure. The lack of economic resources or the lack of economic viability of exploitation alone will not constitute justifications.
THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL shall notify the patent holder of non-compliance with the provisions of the first paragraph before granting the use of the patent without its authorization.
The pre-trial enforcement authority of the parties and if they do not agree, shall establish a reasonable remuneration to be paid by the patent holder, which shall be established on a case-by-case basis and in view of the economic value of the authorization, bearing in mind the average royalty rate for the sector concerned in commercial licensing contracts between independent parties. Decisions concerning the granting of these uses must be taken within the NOVENTA (90) working days of the application and they will be appealed to the Federal Civil and Commercial Justice. The substance of the resource shall not have suspensive effects.
ARTICLE 44. . Will be granted the right of exploitation conferred by a patent, without authorization from its owner, when the competent authority has determined that the patent holder has incurred anticompetitive practices. In such cases, without prejudice to the remedies that the patent holder receives, the concession shall be made without the necessity of applying the procedure established in article 42.
For the purposes of this Act, anti-competitive practices, including:
(a) The establishment of comparatively excessive prices, regarding the average market or discriminatory of patented products; in particular where there are market supply offers at prices significantly lower than those offered by the patent holder for the same product;
(b) The refusal to supply the local market in reasonable commercial conditions;
(c) The disruption of commercial or productive activities;
(d) Any other act that fits into the conducts considered to be punishable by Act No. 22.262 or which replaces or replaces it.
ARTICLE 45. EL The NATIONAL EXECUTIVE POWER may, on the basis of health emergency or national security, dispose of the exploitation of certain patents by granting the right of exploitation conferred by a patent; its scope and duration shall be limited for the purposes of the concession.
ARTICLE 46. de The use of the patent holder will be granted without authorization to allow the exploitation of a patent desecunda patent que patent that cannot be exploited without violating another patent :primra patent de provided the following conditions are met:
(a) That the invention claimed in the second patent entails a significant technical advance of considerable economic importance, with respect to the invention claimed in the first patent;
(b) That the holder of the first patent has the right to obtain a cross license in reasonable conditions to exploit the invention claimed in the second patent, and
(c) That the authorised use of the first patent cannot be granted without the cession of the second patent.
ARTICLE 47. s When other uses are allowed without authorization from the patent holder, the following provisions will be observed:
(a) The authorization of such uses shall be carried out by the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY;
(b) The authorization of such uses shall be considered in accordance with the circumstances of each case;
(c) For the uses provided for in article 43 and/or 46 prior to its granting, the user potential must have sought to obtain the authorization of the holder of the rights in term and commercial conditions under article 43 and such attempts have not had effect within the time limit provided for in article 42. In the case of non-commercial public use, when the government or contractor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the government, its holder will be informed without delay;
(d) Authorization shall be extended to patents relating to components and manufacturing processes that permit their exploitation;
(e) Such uses shall be of a non-exclusive nature;
(f) They may not yield, except for that part of the company or its intangible asset that integrates it;
(g) They shall be authorized to supply mainly the domestic market, except in the cases provided for in articles 44 and 45;
(h) The holder of the rights shall receive reasonable remuneration according to the circumstances of each case, given the economic value of the authorization, in accordance with the procedure of article 43; in determining the amount of the remuneration in cases where the uses had been authorized to remedy anti-competitive practices, the need to correct such practices may be taken into account and the revocation of the authorization may be refused if it is deemed likely that under the conditions that gave rise to the license will be repeated;
(i) For the purposes set forth in article 45 and for any other unforeseen use, its scope and duration shall be limited to the purposes for which they have been authorized and may be withdrawn if the circumstances which gave rise to such authorization have been extinguished and are not likely to arise again, with the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL empowered to examine, upon substantiated request, whether such circumstances still exist. When these uses are to be terminated, the legitimate interests of persons who have received such authorization should be taken into account. In the case of semiconductor technology, only non-commercial public use or use to rectify a practice declared contrary to competition after a judicial or administrative procedure may be made.
ARTICLE 48. . In all cases the decisions concerning the uses not authorized by the holder of the patent shall be subject to judicial review, as well as the corresponding remuneration where appropriate.
ARTICLE 49. Los The resources involved in administrative acts related to the granting of the uses provided for in this chapter shall have no suspensive effect.
ARTICLE 50. . Whoever requests any of the uses of this Chapter must have the economic capacity to perform an efficient exploitation of the patented invention and to have an establishment authorized to do so by the competent authority.
CHAPTER VIII
PATENTES OF ADITION OR PERFECTION
ARTICLE 51. Todo Anyone who improves a patented discovery or invention will have the right to apply for an addition patent.
ARTICLE 52. Las The patents of addition will be granted for the time of validity remaining to the invention patent on which it depends. In the case of plurality, it will be taken into account the one that overcomes later.
PART III
OF UTILITY MODELS
ARTICLE 53. Toda Any new disposition or form obtained or introduced into tools, working instruments, utensils, devices or known objects that are provided for practical work, as soon as they amount to better use in the function to which they are intended, will give its creator the exclusive right of exploitation, which will be justified by titles called certificates of utility models.
This right shall be granted only to the new form or provision as defined, but a model certificate of utility may not be granted within the field of protection of an existing patent of invention.
ARTICLE 54. El The certificate of utility models will have a validity of TEN (10) imprrogable years, counted from the date of submission of the application, and will be subject to payment of the tariffs established by the regulatory decree.
ARTICLE 55. . They will be essential requirements for the issuance of these certificates that the inventions contemplated in this title are new and industrial in nature; but it will not constitute an impediment that lacks inventive activity or is known or has been disclosed abroad.
ARTICLE 56. la With the application for certificate of utility model will be accompanied:
(a) The title that designates the invention in question;
(b) A description referring to a single main object of the new configuration or layout of the object of practical use, of functional improvement, and of the causal relationship between new configuration or layout and functional improvement, so that the invention in question can be reproduced by a person of the medium level trade and an explanation of the or of the drawings;
(c) The claims referred to the invention in question;
(d) He or the necessary drawings.
ARTICLE 57. - A request for a utility model shall be considered if the requirements of articles 50 and 53 have been complied with.
This review is performed and verified as set out in the previous paragraph, or corrected where possible, the certificate shall be issued.
ARTICLE 58. . The provisions on invention patents that are not incompatible with them are applicable to the utility model.
PART IV
NULITY AND DACITY OF PATENTS AND MODELS OF UTILITY
ARTICLE 59. Las Invention patents and certificates of utility models will be null or void when they have been granted in contravention of the provisions of this law.
ARTICLE 60. . If the causes of nullity affect only a part of the patent or the utility model, the partial nullity will be declared by annulling the claims or claims affected by them. The partial nullity of a claim cannot be declared.
Where nullity is partial, the patent or model utility certificate shall remain in force with reference to claims that have not been canceled, provided that it may constitute the object of a utility model or an independent patent.
ARTICLE 61. La The declaration of nullity of a patent does not determine in itself the annulment of the additions to them, provided that they are converted into independent patents within the NOVENTA (90) days following the notification of the declaration of nullity.
ARTICLE 62. Las The patents and certificate of utility model will expire in the following cases:
(a) Upon expiry of its validity;
(b) For the holder's resignation. In case the patent holder belongs to more than one person, the waiver must be done together. The waiver may not affect the rights of third parties;
(c) In the absence of payment of annual maintenance fees to which the respective expirations are subject, the holder shall have a grace period of CENTO OCHENTA (180) days to pay the updated tariff, at which expiration shall be performed, except that the payment is not made by force majeure;
(d) When the use of a third party was granted, the invention would not be exploited within a period of DOS (2) years for reasons attributable to the patent holder.
The administrative decision declaring the expiry of a patent will be judicially appealed. The appeal shall have no suspensive effect.
ARTICLE 63. . No judicial declaration will be necessary for nullity or expiry to have effects of subjecting public domain to invention; both nullity and expiry operate in full.
ARTICLE 64. . The action of nullity or expiry may be deduced by anyone who has a legitimate interest.
ARTICLE 65. . The actions of nullity and expiry can be opposed by defense or by exception.
ARTICLE 66. . Declared in judgment the nullity or expiration of a patent or a certificate of utility, and after the judgment in authority of thing judged, the corresponding notification to the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY shall be issued.
PART V
ADMINISTRATIVE PROCEDURES
CHAPTER I
PROCEDURES
ARTICLE 67. . Applications must be signed by the interested party or its legal representative and be accompanied by the proof of payment of the corresponding tariffs. if any of these elements are lacking, the NATIONAL ADMINISTRATION OF PATENTS will reject the request.
ARTICLE 68. de When the applications are submitted by means of a legal representative, the application must be credited by:
(a) Power or copy of certified power that empowers it;
(b) Power granted in accordance with applicable law at the place where it is granted or in accordance with international treaties, if the representative is a foreign legal person;
(c) In each case file, the representative ' s person would have to be credited, a simple copy of the record being sufficient, if the power was inscribed in the general register of powers operating in the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY.
ARTICLE 69. . In any request, the applicant shall constitute a legal domicile within the national territory and communicate to the NATIONAL ADMINISTRATION OF PATENTES any change of the same. In the event that the notice of the change of domicile is not given, the notifications shall be valid in the domicile contained in the file.
ARTICLE 70. . Until the publication referred to in article 26, the files in process may only be consulted by the applicant, his representative or persons authorized by the applicant.
The staff of the NATIONAL ADMINISTRATION OF PATENTS involved in the processing of applications shall be obliged to keep confidentiality regarding the contents of the files.
It is excepted from the above to the information that is of an official nature or that required by the judicial authority.
ARTICLE 71. Los The employees of the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL may not directly or indirectly process rights on behalf of third parties until DOS (2) years after the date on which the dependency relationship with the said institute ceases, under penalty of exoneration and fine.
CHAPTER II
RESOURCES OF RECONSIDERATION
ARTICLE 72. el The remedy of reconsideration will proceed:
(a) Against the resolution denying the granting of a patent, or utility model;
(b) Contrary to the resolution that leads to the observations provided, in the terms of article 29 of this Act.
In both cases it will be presented in writing to the President of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY within a perennial period of TREINTA (30) days, counted from the date of notification of the respective resolution. The resource will be accompanied by the documentation that proves its origin.
ARTICLE 73. s Analyzed the arguments presented in the resource and the documents provided, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL will issue the appropriate resolution.
ARTICLE 74. DE When the resolution dictated by the NATIONAL INSTITUTE OF THE INDUSTRIAL denies the origin of the appeal must be notified in writing of the determination of the applicant. Where the resolution is favourable, it shall proceed in the terms of article 32 of this law.
PART VI
VIOLATION OF THE RIGHTS CONFERRED BY THE PATENT AND MODEL OF UTILITY
ARTICLE 75. . Defraudation of the rights of the inventor will be reputed crime of forgery and punished with SEIS prison (6) months to THREE (3) years and fine.
ARTICLE 76. de It will suffer the same penalty from the previous article that knowingly, without prejudice to the rights conferred on third parties by this law:
(a) Produce or produce one or more objects in violation of the rights of the patent holder or the utility model;
(b) Whoever imports, sells, sells or commercializes or exposes or enters the territory of the ARGENTINA REPUBLIC, one or more objects in violation of the rights of the patent holder or the utility model.
ARTICLE 77. : It will suffer the same penalty increased by one third:
(a) Anyone who is a member of the president, advisor, employee or worker of the inventor or its cause and usurpe or disclose the invention not yet protected;
(b) The one who corrupts the partner, the president, counsellor, employee or worker of the inventor or of his or her cause would obtain the revelation of the invention;
(c) The one who violates the obligation of the secret imposed in this law.
ARTICLE 78. - A fine shall be imposed for which without being the holder of a patent or utility model or no longer enjoying the rights conferred by them, it is used in its products or in its propaganda of denominations that are likely to induce the public in error as to their existence.
ARTICLE 79. . In case of relapse of offences punishable by this law the penalty shall be doubled.
ARTICLE 80. . The provisions of the Criminal Code will apply to criminal participation and cover-up.
ARTICLE 81. . In addition to criminal proceedings, the holder of the invention patent and its licensee or the utility model may exercise civil actions to prevent the continuation of the illegal exploitation and to obtain reparation for the injury suffered.
ARTICLE 82. . The limitation of the actions set forth in this title shall operate in accordance with the provisions of the Fund Codes.
ARTICLE 83. , Prior to the presentation of the title of the patent or the certificate of utility model, the injured party may request under the jurisdictions the judge deems necessary, the following precautionary measures:
(a) The abduction of one or more copies of objects in violation, or the description of the incriminated procedure;
(b) The inventory or embargo of counterfeit objects and machines especially for the manufacture of products or for the performance of the incriminate procedure.
ARTICLE 84. Las The measures dealt with in the previous article will be practiced by the Justice Officer, assisted at the request of the plaintiff by one or more experts.
The record shall be signed by the claimant or person authorized by the applicant, by the person or by the experts, by the holder or in charge at the time of the establishment and by the officer of justice.
ARTICLE 85. . Whoever has in his power products in violation must give complete news of the name of the one who has sold them or sought them, their quantity and value, as well as of the time when the explosive has begun, under the penalty of being considered an accomplice of the offender.
The officer of justice shall state in the record the explanations which he or she spontaneously requested.
ARTICLE 86. Las The measures listed in article 83 shall be effective after QUINCE (15) days after the applicant has not deducted the corresponding judicial action, without prejudice to the evidentiary value of the record of finding.
ARTICLE 87. . The plaintiff may demand that the defendant be held in order not to interrupt him in the exploitation of the invention, if he wishes to proceed with it, and in the absence of a caption he may request the suspension of the exploitation, giving it in turn in his case, if required, convenient caption.
ARTICLE 88. . For the purposes of civil proceedings, when the object of a patent is a procedure for obtaining a product, judges will be empowered from January 1, 2000, to order that the respondent prove that the procedure for obtaining a product is different from the patented procedure. For the purposes of this judicial authority, it is stated that, from that date, and unless otherwise, any identical product produced without the consent of the patent holder has been obtained through the patented procedure provided that the product is new to that date in the terms of Article 4 of this Law.
ARTICLE 89. . They will be competent to understand in civil trials, which will follow the proceedings of the ordinary trial, the federal judges in civil and commercial matters and in criminal proceedings, which will follow the procedure of the correctional trial, the federal judges in criminal and correctional matters.
PART VII
OF THE ORGANIZATION OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY
ARTICLE 90. el Trust the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL, as an autarchical body, with legal personality and its own patrimony, which will operate within the scope of the MINISTERY OF ECONOMY AND PUBLIC SERVICES. It shall be the Authority for the Application of this Law, Act No. 22,426 and Decree-Law No. 6673 of 9 August 1963.
The Institute ' s heritage will be integrated with:
(a) Emerging tariffs and annuities of the laws it applies and the rates it perceives as retribution for additional services it provides;
(b) Contributions, grants, legacies and donations;
(c) Property belonging to the Temporary Centre for the Creation of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY;
(d) The sum set by the Congress of the Nation in the Annual Budget of the Nation.
ARTICLE 91. EL NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will be led and managed by a directory consisting of THREE (3) members, designated by the NATIONAL EXECUTIVE PODER, one of them on the proposal of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES and another on the proposal of the MINISTERY OF HEALTH and SOCIAL ACTION.
The THREE (3) members shall elect the directors who shall exercise the presidency and vice president respectively. The remaining member will act as a vocal. The members of the board will have full dedication in their role by understanding the incompatibility set by law for public officials and will only be removed from their posts on the basis of the NATIONAL EXECUTIVE PODER.
The directors mentioned will last CUATRO (4) years in their positions and may be re-elected indefinitely.
In the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will operate a union that will have the task of controlling and controlling the acts of the bodies that make up the Institute.
The union shall be exercised by a holder and an alternate designated by the NATIONAL EXECUTIVE POWER, on the proposal of the General NATIONAL AUDITORY.
ARTICLE 92. EL NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will have the following functions:
(a) Ensure compliance with the provisions of this Act and the Nros Acts. 22,362 and 22,426 and Decree-Law No. 6673/63;
(b) Hiring the technical and administrative staff required to carry out their functions;
(c) To conclude agreements with private and public bodies for the implementation of tasks within their scope;
(d) Manage funds collected by tariffing their services;
(e) Develop annual report and balance;
(f) Establish a scale of remuneration for staff working at the Institute;
(g) Edit the Brand and Patent Newsletters and the Books of Marks, Patents, Utility Models and Industrial Models and Designs;
(h) Develop a Data Bank;
(i) Promote its activities;
(j) To publicize your actions.
ARTICLE 93. : Will be functions of the Directory of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY:
(a) Proposing the NATIONAL EXECUTIVE POWER through the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS, the regulatory and national policy amendments it deems relevant in relation to the laws on protection of industrial property rights;
(b) To issue directives for the functioning of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY;
(c) Exert the budgetary control of the funds received by the Institute;
(d) Conduct contests, contests or exhibitions and award prizes and scholarships that encourage inventive activity;
(e) Designate the Directors of Trademarks, Models or Industrial Designs, Technology Transfer and the Commissioner and Subcomisario de Patentes;
(f) Designate the legal counterparts of Trademarks, Industrial Models and Designs and Technology Transfer;
(g) To establish a consultative council;
(h) Dictate internal regulations;
(i) Understand the resources presented to the Institute;
(j) To grant the uses contemplated in Chapter II, Chapter VIII of this Law;
(k) Any other attribute arising out of this law.
ARTICLE 94. . Consider the NATIONAL ADMINISTRATION OF PATENTES, dependent on the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY. The Administration will be conducted by a Commissioner and a Subcommission of Patents, appointed by the Board of Directors of the Institute.
ARTICLE 95. El The EXECUTIVE POWER shall regulate the exercise of the functions of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY.
PART VIII
FINAL AND TRANSITORY PROVISIONS
ARTICLE 96. . Both the amount of fines and the amount of tariffs and annuities and how to update them will be set out in the regulatory decree.
ARTICLE 97. Las The patents granted under the law which is repealed shall remain valid until their expiry, but shall be subject to the provisions of this law and its rules of procedure.
ARTICLE 98. . This law does not exempt from compliance with the requirements set out in Act No. 16.463 for the authorization to produce and market pharmaceutical products in the country.
ARTICLE 99. las Applications for patents pending at the date of entry into force of this law shall not apply to them as to the publication of the application provided for in Article 26 of the present and only the patent shall be published in the terms of Article 32.
ARTICLE 100. . The inventions of pharmaceutical products will not be patented before the CINCO (5) years of the publication of this law in the Official Gazette. To that date, none of the articles contained in this law providing for the patentability of inventions of pharmaceutical products, or any other precepts that relate indissolubly to the patentability of the same.
ARTICLE 101. . Without prejudice to the provisions of the previous article, applications for patents of pharmaceutical products may be submitted in the form and conditions set out in this law, which shall be granted from the CINCO (5) years of publication of the present in the Official Gazette.
The duration of the patents mentioned above shall be that arising from the application of article 35.
The patent holder shall have the exclusive right to invent it from the CINCO (5) years of the publication of this law in the Official Gazette unless the third parties that are making use of its invention without its authorization guarantee the full supply of the domestic market at the same real prices.
In such a case, the patent holder shall be entitled only to receive a fair and reasonable retribution of such third parties that are making use of them from the granting of the patent to its expiry. If there were no parties, the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL shall fix such retribution in the terms of Article 43. The provisions of this paragraph shall be applicable unless their modification to comply with decisions of the World Trade Organization adopted in accordance with the TRIP's - GATT Agreement, which are binding for the ARGENTINA REPUBLIC.
ARTICLE 102. s Applications for patents filed abroad may be submitted prior to the sanction of this law, the subject matter of which is not patentable under Act No. 111 but according to this law, provided that the following conditions are met:
(a) The first request has been requested within the year prior to the sanction of this law;
(b) The applicant proves in the terms and conditions provided for by the regulatory decree, to have filed a patent application in a foreign country;
(c) The exploitation of invention or import on a commercial basis has not been initiated;
(d) The validity of patents granted under this article shall be terminated on the same date as in the country where the first application has been filed, provided that the term of VEINTE (20) years established by this law does not exceed.
ARTICLE 103. el Article 5 of Law No. 22.262.
ARTICLE 104. El The NATIONAL EXECUTIVE POWER shall rule the rules of the present law.
ARTICLE 105. . Contact the NATIONAL EXECUTIVE POWER.
Annex II
Rules of Procedure of the Rules of Procedure of the Law on Contracts and Standards No. 24,481 with the provisions of Law No. 24,572
PART I ES GENERAL PROVISIONS ES
Article 1 Todos All rights and obligations that are recognized by application of the Law shall be recognized with equal extension to foreign natural or legal persons who have a real domicile or constitute a special domicile in the Argentine Republic, in the terms and with the provisions of the Laws No. 17.011 and 24.425.
Article 2 . The granting of invention patents and certificates of utility models shall be carried out in accordance with the precautions and procedures established in this regulation.
Article 3: Unregulated.
CHAPTER I. PATENTABILITY
Article 4 . In order to obtain a patent for invention, a request shall be made, in the terms of article 12 of the Law and other rules of this regulation, to the NATIONAL ADMINSTRATION OF PATENTES or to the provincial delegations that enable the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY.
Article 5 de If the inventor has disclosed the invention within the year prior to the date of submission of the application, he shall declare it in writing and submit it together with the patent request:
(a) a copy or copy of the means of communication for which the invention was disclosed, whether it was a graphic or electronic medium.
(b) a mention of the medium and its geographical location, the dissemination and the date on which it was disclosed, if it were an audiovisual medium.
(c) Confessive evidence of the participation of the inventor or the applicant in the national or international exhibition in which the invention, its date and the scope of the disclosure was disclosed.
The applicant ' s declaration shall have the affidavit value and, in the event of falsehood, the right to obtain the patent or model certificate of utility shall be lost.
Article 6 . No patentable matter shall be considered to the plants, animals and essentially biological procedures for their reproduction.
Article 7 . The NATIONAL EXECUTIVE PODER may prohibit the manufacture and marketing of inventions whose commercial exploitation in its territory must necessarily be prevented to protect the public order or morality, health or life of persons or animals, to preserve vegetables or to prevent serious damage to the environment.
CHAPTER II - RIGHT TO THE PATENT -
Article 8 . The applicant may mention in his application the name of the inventors or request that it be included in the publication of the patent application, in the title of industrial property that is given and in the publication of the patent or utility model that is carried out.
The patent holder who in any way took notice of the importation of goods in violation of the rights granted by the Law shall be entitled to initiate the actions in administrative or judicial headquarters that legally correspond.
Article 9 . The inventor or inventors who have yielded their rights may present themselves at any time of the proceedings and request to be mentioned in the corresponding title, accrediting their quality of such. Such submission shall be transferred within the time limit of TREINTA (30) to the assignee. To mediate opposition, the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will resolve within the TREINTA (30) days from the response of the transfer or production of the evidence required for the clarification of the facts invoked.
Article 10. . The right to obtain the patent shall be deemed to belong to the employer, when the conduct of inventive activities has been stipulated as a total or partial object of the employee ' s activities.
For the purposes of the second paragraph of article 10 (b) of the Act, it is only understood that the development of the invention has predominantly influenced the knowledge acquired within the enterprise or the use of means provided by it, when the invention concerns the activities of the employer or is related to the specific tasks that the inventor develops or develops at the service of the employer.
An invention under the conditions set out in the second paragraph of article 10 (b) of the Law, if the employer ceases to exercise his right of option within the time limit set out in the last paragraph of the same paragraph, the right to the ownership of the patent shall be the inventor .empleado..
Where the invention had been made by a worker in relation to dependency, under the conditions set out in the second paragraph of article 10 (b) of the Law and prior to the granting of the patent, a written and closed application may be made in the NATIONAL ADMINISTRATION OF PATENTES or in the provincial delegations that empower the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, the right to ownership of it. In such a case, the Commissioner of Patents will intimate the parties to submit their arguments in writing within the time limit of QUINCE (15) days from the respective notifications. Within the TREINTA (30) days following such presentations or the production of the test offered, if any, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL shall issue a well-founded resolution indicating to whom the right to apply for the patent, which shall be notified to the parties by a fruitful means.
In the event of disagreement between the worker and his employer on the amount of supplementary remuneration or the economic compensation provided for in the first paragraph of subparagraph (b) and in article 10 (c) of the Act, respectively, any of them may at any time require the intervention of the NATIONAL INSTITUTE OF THE PROPERTY. INDUSTRIAL to resolve the dispute, expressing its foundations. The request will be transferred to the other party for the term of TEN (10) days from the date of its notification. THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL shall issue a resolution based on the time limit of VEINTE (20) days after the response of the transfer or production of the evidence that is offered, if any, by establishing the supplementary remuneration or the economic compensation that, in its opinion, is equitable, which will be notified to the parties by means of a fehacien.
The resolutions of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY referred to in the two preceding paragraphs will be appealed to the Federal Civil and Commercial Court with territorial competence in the home of the workplace, within the VEINTE (20) working days from the notification. Resources will have no suspensive effects.
Article 11. Unregulated.
CHAPTER III CONCESION OF THE PATENT DE
Article 12. s In order to obtain a patent, the applicant must complete, within the time limits specified in the Law or in this Regulation, the following information and documentation:
(a) a patent application containing:
(1) a statement formally requesting an invention patent;
(2) full name of the applicant or applicant;
(3) Number of identity and nationality documents of applicants or registration data where a legal person is concerned;
(4) actual domicile of the applicants;
(5) special residence of the applicant;
(6) full name of the inventor or of the inventors, if appropriate;
7) the actual domicile of the inventor or of the inventors, if appropriate;
(8) title of invention;
9) Number of the patent (or patent application) of which the application submitted is additional (if applicable);
(10) Number of the patent application of which the application submitted is divisional (if applicable);
11) Number of application for a certificate of utility model whose conversion in patent application is requested (if applicable) or vice versa;
(12) when the submission is made under Law 17.011 (Paris Convention), priority data or priorities invoked in the patent application (country, number and date of submission of the application or applications for foreign patents);
13) full name and address of the depository institution of the microorganism, the date on which it was deposited and the number of registration assigned to the microorganism by the depository institution, when the patent request relates to a microorganism;
(14) full name of the person or agent of the industrial property authorized to process the patent application;
(15) Number of identity documents of the authorised person or registration number of the authorized industrial property agent or the general seizure to administer the applicant;
16) signature of the applicant;
(b) A technical description of the invention, led by the title of the patent, coincides with that contained in the application, which must contain:
1) a description of the technical field to which the invention belongs;
2) a description of the state of the technique in that domain, known by the inventor, preferably indicating the documents that disclosed it;
3) a detailed and complete description of the invention, highlighting the advantages with respect to the state of the known technique, understandable for a person covered in the matter;
4) a brief description of the figures included in the drawings, if any.
(c) one or more claims;
(d) Technical drawings necessary for understanding the invention referred to in the technical memory;
(e) a summary of the description of the invention;
(f) The reproductions of the small scale drawings that will serve for the publication of the application;
(g) certificate of deposit of the microorganism issued by the depositary institution, where appropriate;
(h) Recording the payment of the application fees;
(i) Certified copies of the priority or priorities invoked in the request.
Article 13. La The priority date referred to in Article 13 of the Law shall be determined in the manner provided for in Law No. 17.011.
Article 14. Unregulated.
Article 15. . When a patent application is filed jointly by two or more persons, it shall be presumed that the right is equal to them, except where otherwise established.
Article 16. Unregulated.
Article 17. . When the patent application includes more than one invention, it must be divided before its concession. To this end, the NATIONAL ADMINISTRATION OF PATENTES will intimate the applicant to request the division within the time limit of TREINTA (30) days after the notification, subject to the expectation of having the application abandoned.
Article 18. Unregulated.
Article 19. . From the date of the filing of the patent application and until NOVENTA (90) days after that date, the applicant may provide supplements, corrections and modifications, provided that this does not involve an extension of its object. After that period, only the defects made evident by the examiner will be authorized. The new examples of realization that are added should be complementary to a better understanding of the invention. No right may be deducted from supplements, corrections and modifications involving an extension of the original application.
Article 20. . When the object of a patent application is a micro-organism or when for its execution it is required of a microorganism not known or publicly available the applicant must make the deposit of the strain in an institution authorized for it and recognized by the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY. This obligation shall be satisfied when the microorganism has been deposited from or prior to the date of submission of the request.
THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL shall recognize to receive microorganisms in deposit, for the purposes of the provisions of article 21 of the Law, institutions recognized by the WORLD ORGANIZATION OF INTELECTUAL PROPERTY or those that meet the following conditions:
(a) are permanent;
(b) do not depend on the control of depositors;
(c) Provide adequate personnel and facilities to check the relevance of the deposit and ensure its storage and maintenance without risk of contamination;
(d) Provide security measures necessary to minimize the risk of loss of deposited material.
At all times from the date of publication of the patent application, the public may obtain samples of the microorganism in the depository institution under the ordinary conditions governing that operation.
Article 21. Unregulated.
Article 22. La The claim or claims must contain:
(a) a preamble or exordium indicating from the beginning with the same title with which the invention has been called, then understanding all known aspects of the invention arising from the nearest state of the technique;
(b) a characteristic part where the elements that establish the newness of the invention will be cited and that are necessary and essential to carry out it, defining what is to be protected;
(c) If the clarity and understanding of the invention required it, the main claim, which is the only independent one, can be followed by one or more claims by referring to the claim on which they depend and specifying the additional characteristics they intend to protect. In the same way, the main claim must be made when one or more claims relating to particular modes or the realization of the invention.
Article 23. Unregulated.
Article 24. . Once the entire documentation specified in article 19 of the Law has been received, the Commissioner of Patents shall order a preliminary formal examination within a period of VEINTE (20) days.
The request will be rejected without further processing if within the time limit of the OCHENTA SCIENTY (180) days of notice, the applicant does not save the defects indicated by the NATIONAL ADMINISTRATION OF PATENTS in its preliminary examination. If the defect is exclusively referred to the foreign priority, the application may continue its proceedings, but it will be considered as if the priority had never been invoked. The certificates of requests to be settled shall be issued with the clarification that they are granted without prejudice to the right of priority provided for in Act No. 17.011, unless the interested parties request to reserve the proceedings until the time limits of priority are reached. The request for a reservation of the procedure will be made when submitting the request.
Article 25. Unregulated.
Article 26. LaThe publication of the patent application must contain:
(a) Application number;
(b) date of submission of the application;
(c) Number/s of priority;
(d) date/s of priority;
(e) country/is of priority;
(f) full name and address of the applicants;
(g) full name and address of the inventors (if applicable);
(h) Number of licensed industrial property agent (if applicable);
(i) title of invention;
(j) Summary of invention;
(k) More representative drawing of the invention, if any.
Article 27: I. . The substantive review of the application shall not be carried out if the preliminary has not been carried out and approved.
II. . Once the filing formalities have been completed, the applicant may request the background examination. The Commissioner of Patents, within the QUINCE (15) days, shall assign the request to an examiner.
The review of the fund will be carried out within the OCHENTA (180) days of payment of the fee and will include the following steps:
(a) Background search. The examiner will seek to identify, to the extent that in his opinion it is reasonable and feasible, the documents he deems necessary to determine whether the invention is new and involves inventive activity. Its search should cover all technical sectors that may contain relevant elements for the invention, and should consult the following documentation:
(1) national patent documents (patents and utility models granted and patent applications and utility models in process),
(2) applications for patents published, and patents from other countries,
(3) Technical literature other than that indicated in the preceding paragraphs, which may be relevant to the investigation.
(b) Review. The examiner shall investigate, as far as he deems necessary and taking into account the outcome of the preliminary examination and the search for a background, whether the application fully meets the requirements of the Law and of this Regulation.
III. , If deemed necessary, the examiner may require:
(a) that the applicant submits, within a period of NOVENTA (90) days from the notification of the request, a copy of the substantive review carried out for the same invention by foreign patent offices if available, as provided for in article 28 of the Act.
(b) Specific reports related to the issue of invention to researchers working at universities or institutes of scientific or technological research.
When requested the collaboration indicated in subparagraph (b) above, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL will recognize and pay the professional fees that correspond to the category of principal investigator of the NATIONAL COUNCIL OF CIENTIFICAL INVESTIGATIONS AND TECHNICALS (CONICET) or its equivalent, based on a budget of affectation of time previously approved by the Commissioner of Patents.
IV. que If deemed appropriate, the applicant may request that NATIONAL ADMINISTRATION DE PATENTES authorizes the partial realization of the background examination in its own facilities, for the verification of data in laboratories or productive equipment. The Commissioner of Patents may accept or reject the offer on the basis of what, in his opinion, is necessary or convenient.
Article 28. .The examiner will include among his observations those that were submitted by third parties, based on the data that arise from the publication made pursuant to article 28 of the Law and are based on the lack of novelty, lack of industrial application, lack of inventive activity or licitude of the object of the request, unless they are manifestly improper and thus declared.
Within SESENTA (60) days from the notification of the transfer the applicant shall:
(a) Amend the application to comply with legal and regulatory requirements, or
(b) Express your opinion on the observations, refute them or make any clarifications it deems relevant or appropriate.
(c) If the applicant fails to comply with the requirements within the specified time limit, his application shall be deemed dismiss.
Article 29. sWhen the objections formulated are not satisfactorily saved by the applicant, the examiner, after a well-founded report, from which the applicant will be seen, may advise the NATIONAL ADMINISTRATION OF PATENTES to refuse the application, in the terms of article 29.
Article 30. .If as a result of the review of the background the examiner determines that the invention meets all the legal and regulatory requirements that enable its patenting and, if any, that the comments have been satisfactorily saved, it will raise in the end of TEN (10) days a report to the Patent Commissioner with his recommendation, who will resolve within the TREINTA (30) days.
Once the decision has been issued by granting or denying the award of the title, the applicant must be notified by means of the applicant.
If the resolution is denying, from its notification it will begin to run the time limit of TREINTA (30) days for the filing of the corresponding actions or remedies, according to article 72 of the Law.
Patents granted by the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will be registered in the Register of Patents Granted by correlative order stating its number, title, full name of the holder, date and number of the application, date of granting and expiration date. This Register may be carried out in magnetic support, adopting all necessary resources to ensure its conservation and inalterability.
Article 31. Unregulated.
Article 32. ElThe announcement of the granting of the patent will also be published in the book that will be published by INSTITUTO.
Article 33. Unregulated.
Article 34. Unregulated.
CHAPTER IV. DURATION AND PATENT EFFECTS
Article 35. Unregulated.
Article 36. .For the purposes of article 36 (c) of the law, the holder of a patent granted in the ARGENTINA REPUBLIC shall have the right to prevent third parties, without their consent, from performing acts of manufacture, use, offer for the sale or importation in the territory of the proceeds subject to the patent, whereas such a product would not have been lawfully placed in the trade of any country. It will be considered that it has been lawfully placed in trade when the licensee authorized to market in the country certifies that it has been by the patent holder in the country of acquisition, or by a third party authorized for marketing.
The marketing of the imported product shall be subject to the provisions of article 98 of the Law and this regulation.
CHAPTER V. CONTRACTUAL TRANSMISSION AND LICENCES
Article 37. .When a request for a patent of invention is transferred, a request must be made to include the names and addresses of the assignor and assignee, and the latter must constitute a special domicile in the FEDERAL CAPITAL and the certification of signatures of both parties.
THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will enable DOS (2) records, one for invention patents and one for utility model certificates, where the assignments provided for in Article 37 of the Law will be registered.
The transmission of rights will have effects against third parties from the date of the respective act when the registration takes place within the TEN (10) business days from that. Otherwise it will only have effects against third parties from the date of registration.
The holder of a patent may, from the date of its granting, request in writing the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY that it is included in the Register of Open Patents to Voluntary License that, in effect, will enable the INSTITUTO.
The Register may be consulted by any interested party who, if desired, shall negotiate with the patent holder the terms of the license of use.
THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will have the publication in the Bulletin of Invention Patents and Certificates of Utility Models and the dissemination by means that it deems appropriate of the patents inscribed in the indicated registry, with reference to the number, title, date of granting and date of incorporation to that registry.
Article 38. Unregulated.
Rule 39. Unregulated.
Article 40. Unregulated.
CHAPTER VI. EXCEPTIONS TO THE CONFERRED RIGHTS
Article 41. . The Ministry of Economy and Public Works and Services, together with the Ministry of Health and Social Action or the Ministry of Defence, to the extent of their competence, shall be the competent authorities to require the establishment of limited exceptions to the rights conferred by a patent, in the terms and limits provided for in article 41 of the Law.
CHAPTER VII. OTHER USES WITHIN AUTHORIZATION OF THE TITULAR OF THE
Article 42. sAfter the deadlines set out in article 43 of the Law, if the invention has not been exploited, except for force majeure, or actual and serious preparations have not been made to exploit the invention of the patent, or when the exploitation of the patent has been interrupted for more than a year, anyone may request the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL granting a mandatory license for the manufacture and sale of the patented product or the use of the patented procedure. To this end, it must be proven that it has sought to obtain a voluntary license from the patent holder, in reasonable terms and conditions and that such attempts have not been effective after a period of CINCUENTA CENTO (150) days and that it is in technical and commercial conditions to supply the domestic market in reasonable commercial conditions.
The request for the license shall be handled by the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, shall contain the grounds that support it and shall be offered at that time all the evidence deemed relevant. From the respective writing, the patent holder shall be transferred to the registered address of the patent, for a period of TEN (10) working days, so that the patent may answer and offer proof. THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will be able to reject the production of inconducting tests, the remaining tests must be produced within the time of CUARENTA (40) days. Completed this period or produced all tests, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL will resolve by granting or denying the required compulsory license.
The resolution of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY granting or rejecting the compulsory license may be used directly by the Federal Civil and Commercial Justice within the time limit of TEN (10) days of notice, without prejudice to the resources provided for in article 72 of the Law and the National Administrative Procedures Act and its Regulations. The substance of the judicial remedy shall not have suspensive effects.
Article 43. media Average exploitation of a product will be considered when there is sufficient distribution and marketing to meet the demand of the national market, in reasonable commercial conditions.
THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL, after hearing of the party and in the absence of agreement between them, shall establish a reasonable remuneration that the holder of the patent, which shall be established according to the circumstances of each case and in view of the economic value of the authorization, bearing in mind the average royalty rate for the sector concerned in commercial licensing contracts between independent parties.
Resolutions adopted by the NATIONAL INSTITUTE INDUSTRIAL under this Article may be resorted to in the terms of Article 42, last paragraph, of this Regulation.
Rule 44. LaThe competent authority of Law No. 22.262 or the authority that replaces or replaces it, ex officio or at the request of the party, shall proceed to determine the existence of an alleged anticompetitive practice, when it is exercised irregularly in order to constitute abuse of a dominant position in the market, in the terms provided for in Article 44 of the Law and the other provisions in force of the Law of Defense of Competence, after quote of the holder Produced the disclaimer and, where appropriate, the evidence to be offered, such authority shall rule on the relevance of the granting of compulsory licences and shall give its opinion on the conditions under which they should be offered.
In the latter case the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL, received the proceedings, will have the publication of a notice in the Official Gazette, the Patent Bulletin and a national circulation journal informing that it will study the offers of third parties interested in obtaining a compulsory license, granting a deadline of TREINTA (30) days for submission. The request or requests, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL will resolve fundamentally, granting or rejecting the compulsory license. This resolution will be subject to the resources provided for in the last paragraph of article 42.
The decisions of the National Institute of Industrial Property on the relevance of the concession and those relating to the concession itself or, where appropriate, the rejection of compulsory licences shall be taken within a period not exceeding TREINTA (30 days).
Article 45. El The NATIONAL EXECUTIVE POWER shall grant compulsory licenses on account of the provisions of article 45 of the Law, with the intervention of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL and, in their case, the corresponding to the MINISTERY OF HEALTH and SOCIAL ACTION or the MINISTERY OF DEFENSA, within the framework of the powers assigned to them by the Law of Ministries.
Article 46. Las The resolutions of the NATIONAL INSTITUTE OF THE INDUSTRIAL issued in exercise of the attribution provided by article 46 of the Law shall be subject to the remedies provided for in the last paragraph of article 42 of this regulation.
Article 47. El The granting of compulsory licenses shall be considered in accordance with the circumstances of each case and provided that it has been incurred in any of the grounds established by the Law to proceed. They shall be extended to patents relating to the components and processes of manufacture that permit their exploitation when any of the grounds laid down in the Act are presented and shall be granted under the conditions provided for in article 47 of the Act.
Article 48. Unregulated.
Article 49. Unregulated.
Article 50. NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL shall establish the procedure and mode of accreditation of economic and technical capacity, according to the existing rules emanating from the competent authorities, to perform an efficient exploitation of the patented invention, understood in terms of supply of the national market in reasonable commercial conditions.
CHAPTER VIII. PATENTES OF ADITION OR PERFECTION
Rule 51. La The application for a mandatory patent-addition license will be granted by the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, by founded resolution, upon accreditation of the technical or economic importance of the improvement of the discovery or invention. Resolutions under this article shall be subject to the remedies provided for in the last paragraph of article 42 of this regulation.
Rule 52. Unregulated.
PART III. OF UTILITY MODELS
Article 53. Unregulated.
Article 54. Unregulated.
Article 55. . It will be considered that the novelty of the invention has not been broken when the applicant has made known or disclosed on the outside the invention object of utility model, within the SEIS (6) months prior to the submission of the respective application in the ARGENTINA REPUBLIC.
Article 56. Unregulated.
Article 57. Unregulated.
Article 58. . The rules of this regulation relating to invention patents shall be applied to the procedure of certificates of utility models.
PART IV. DACITY OF PATENTS AND MODELS OF UTILITY
Article 59. Unregulated.
Article 60. Unregulated.
Rule 61. Unregulated.
Article 62. LasThe final decisions taken under the provisions of Title IV of the Law shall be subject to the remedies provided for in the last paragraph of Article 42 of these Regulations.
Article 63. Unregulated.
Article 64. Unregulated.
Article 65. Unregulated.
Article 66. Unregulated.
PART V. ADMINISTRATIVE PROCEDURES
CHAPTER I. PROCEDURES
Article 67. Unregulated.
Article 68. Unregulated.
Article 69. Unregulated.
Article 70. LaThe administrative technical information contained in the patent application files is secret, and the agents of the NATIONAL ADMINSTRATION OF PATENTES and the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL will not allow it to be disclosed or used in any way by uninterested or generally known third parties. They will also guard that it is not accessible to those circles where it is normally used.
Any person who violates this secret shall be liable to the legal actions that may be appropriate, more exoneration and fine as they are directly dependent on the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, the Administration or Agency that for technical reasons should necessarily intervene, without prejudice to the provisions of articles 157, 172 and 173 of the Criminal Code. The administrative case or judicial proceedings may be subject to ex officio or upon request.
Article 71. Unregulated.
CHAPTER II. RESOURCES OF RECONSIDERATION
Article 72. .The filing of the reconsideration remedy, set out in article 72 of the Act, shall not be remedied for the granting of other administrative or judicial remedies, which may be relevant for the application of the rules of the Law or Law No. 19.549 and the Regulations of Administrative Procedures. Decree 1759/72 (T.O. 1991).
Article 73. Unregulated.
Article 74. Unregulated.
PART VI. VIOLATION OF THE RIGHTS CONFERRED BY THE PATENT AND MODEL OF UTILITY
Article 75. Unregulated.
Article 76. Unregulated.
Article 77. Unregulated.
Article 78. Unregulated.
Article 79. Unregulated.
Article 80. Unregulated.
Article 81. Unregulated.
Article 82. Unregulated.
Article 83. LasThe precautionary measures and the precautionary measures required for their origin, provided for in article 83 of the Law, shall not exclude the adoption of other precautionary measures, in the terms set forth in the applicable substantive or procedural legislation in each case.
Article 84. Unregulated.
Article 85. Unregulated.
Article 86. Unregulated.
Article 87. Unregulated.
Article 88. Unregulated.
Article 89. Unregulated.
PART VII. OF THE ORGANIZATION OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY
Article 90. ElThe NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, will be responsible for the realization of the activity that the State has in the field of Industrial Property.
Article 91. La The structure of the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL shall consist of the following organs:
1 Directorio Directory
2 de Internal Audit Unit (Sindication)
3 Consejo Honorary Consultative Council
4 de National Patent Administration
5 Di Addresses
The Board is the supreme governing body to which it is responsible for the management functions and control of the management of the same.
The Board shall consist of UN (1) President, UN(1) Vice-President and UN (1) Vocal.
The President of the Board shall exercise the representation of INSTITUTO, being replaced by the Vice-President in the event of the absence of the former.
The union shall have the functions provided for in Title VI of Act No. 24.156 and its statutory provisions.
Article 92. de The powers of the Institute shall be considered, in addition to those provided for in the Law:
(a) Administrative action on the recognition and maintenance of registration protection to various manifestations of industrial property, including the processing and resolution of files and the preservation and advertising of documentation;
(b) Disseminate technological information on a regular basis, subject to registration, without prejudice to any other type of publication that it considers relevant. To this end it will have its own data bank, with connection to international banks in the field and offices of foreign industrial property;
(c) To propose our country ' s accession to the international conventions that have not yet signed, and in general to promote the development of international relations in the field of industrial property;
(d) Promote initiatives and develop activities leading to better knowledge and protection of industrial property in the national and international order;
(e) Maintain direct relations with relevant national and international agencies and entities.
(f) To issue opinions on issues related to industrial property required by the authorities of the EXECUTIVE, LEGISLATIVE and JUDICIAL NATIONAL POWER.
(g) Any other role that the legislation in force attributes to it or that is subsequently attributed to it in the matter of its competence.
Article 93. deThe functions of the Directory, in addition to those provided for in the Law:
(a) Propose the policy of the Institute and establish the directives for its implementation;
(b) Propose the proposed budget and effect the annual liquidation thereof;
(c) Adopt the annual memory of INSTITUTO activities;
(d) To elect the NATIONAL EXECUTIVE PODER through the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES the adhesion proposals of the ARGENTIN REPUBLIC to International Industrial Property Conventions;
(e) Deliberate, and, where appropriate, take decisions on subjects under consideration;
(f) Creating the NATIONAL PREMISSION TO INVENTION;
(g) To bring the Consultative Council together at least once a month;
(h) Dictate all necessary and inherent resolutions as the supreme organ of INSTITUTO, in particular those concerning the realization of the functions set out in article 93 of the Law.
Article 94. La The NATIONAL ADMINISTRATION OF PATENTES will be responsible:
(a) The processing, study and resolution of patent applications and utility models;
(b) Understand in the procedures of nullity and expiry and control of the exploitation of granted patents;
(c) Issue certificates and authorized copies of documents contained in the files of their jurisdiction;
(d) To take account of the transfers of the patents granted which are to be presented in a public instrument and of those in a state of procedure, for which certification of signature of the assignor and assignee shall be required;
(e) Notify its resolutive and procedural acts under Act No. 19,549 and the Regulations of Administrative Procedures Decree 1759/72 (T.O. 1991);
(f) To produce reports and statistics on the functioning, activities and performance of the office;
(g) Act together with the technology information department and the INSTITUTO Legal Counsel for the proper implementation of the international conventions in the area.
Article 95. Unregulated.
PART VIII. FINAL AND TRANSITORY PROVISIONS
Article 96. ElThe amount of fines, tariffs and fixed annuities may be modified by resolution of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES.
Article 97. .The time limit established in article 35 of Law 24,481 shall apply only to applications submitted after the entry into force of the Act.
Article 98. LaThe authorization for the development and marketing of pharmaceutical products should be required before the MINISTERY OF HEALTH AND SOCIAL ACTION and, in the field of agrochemical products, to the INSTITUTE ARGENTINO DE SANITITY AND QUALITY VEGETAL, dependent on the SECRETARIAT OF AGRICULTURA, PESCA and ALIMENTATION of the MINISTERY OF ECONOMY AND PUBLIC SERVICES.
Article 99. Unregulated.
Article 100. . Applications for patents for pharmaceutical products whose first applications in the country or abroad had been submitted prior to 1 January 1995 shall not be accepted unless the applicants claim the priority provided for in the Paris Convention after that date. In no case will the first applications that form the basis for the start of the process in Argentina be prior to 1 January 1994. The same criteria will be followed in cases of modification or conversion of applications for procedural patents to patent applications for pharmaceutical products.
Article 101. - I. - Regarding the inventions of pharmaceutical products, the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will implement the following procedure for patent application submissions:
(a) The receipt of patent applications will be established on 1 January 1995.
(b) It will apply these applications, as of 1 January 1995, identical patentability, priority and claim procedures and criteria to the other patentable materials.
(c) It shall grant the patent, if appropriate, after the transition period provided for in article 100 of the Law, for the period of VEINTE (20) years from the date of submission of the application.
II. de Since the expiration date of the transition period, who purports to limit the resources available to the holder of the rights on protected matters must have initiated the exploitation or made a significant investment for such acts prior to 1 January 1995. In the event of such verification, the patent holder shall have the right to receive the remuneration provided for in article 102, paragraph 3 of the Act. The authorization cannot be conferred if the patent holder guarantees the full supply of the domestic market at the same real prices. The provisions of this paragraph shall be applicable unless their modification is appropriate to comply with decisions of the World Trade Organization that are binding on the Argentine Republic.
III. La The application for exclusive marketing rights, during the transition period, will be presented to the NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, accompanying the necessary elements, in order to certify:
(a) That the product is the subject of a patent application to the body.
(b) That after 1 January 1995 a patent application has been filed to protect the same product in another member country of the TRIP's GATT, verifying the match between the two presentations.
(c) That after 1 January 1995 a patent has been granted for that product in that other member country of TRIP 's GATT.
(d) That after 1 January 1995 the adoption of marketing was obtained in that other member country of the TRIP 's GATT.
Verified such assumptions, the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will decide on the origin of the granting of exclusive marketing rights in the Argentine Republic, for a period of CINCO (5) years from the approval of commercialization in the Argentine Republic, with the exception that the permit will expire prior to that period if the patent application made to the NATIONAL INSTITUTO of THE PROPERTY is previously granted or rejected INDUSTRIAL or the marketing authorization will be revoked.
The granting of exclusive marketing rights shall be subject to the authorization of the competent agencies, in accordance with article 98 of this regulation.
Article 102. .The submission of patent applications filed abroad prior to the enactment of the Law shall be made before the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, which shall, for that purpose, make a special form which shall be a sworn declaration, in the terms of Article 102 of the Law and in accordance with Article 100 of this Regulation.
Article 103. Unregulated.
Article 104 . Unregulated.
Annex III
ANNEX I TO DECRETO No. 590 TO 18 OCTOBER 1995
CORRESPONDIENT ARRANGEMENTS TO MARCAS DEPARTMENT
1 | By application for trademark registration: | |
1.1 | By logo, brand and brand description, not exceeding 6 centimeters wide by 2 centimeters high | $100.- |
1.2 | For every cm of excess | $3... |
1.3 | By column of excess | $ 6.- |
2 | Presentation of request for brand renewal (a brand in a class) | $100.- |
3 | Reunification of marks (for each reunified mark within the base application) | $60.- |
4 | Transfer of rights: | |
4.1 | On request | $ 30.- |
4.2 | Granted | $50. |
5 | Changes in category: | |
5.1 | On request | $ 20. |
5.2 | Granted | $ 40. |
6 | Extension of Certificate of Priority by Paris Convention | $50. |
7 | Extension of certificate of priority, out of agreement | $ 40. |
8 | Extension of certificate of status of processing | $ 20. |
9 | Extension of the trademark title, with copy of the documentation | $ 20. |
10 | Right to object by third parties | $50. |
11 | View responses: | |
11.1 | View by admission | $10- |
11.2 | Surged from the background study | $ 20. |
11.3 | Surged by opposition from third parties | $ 30.- |
11.4 | Extension of response | $10- |
12 | Request for extension of time on common views: | |
12.1 | First order | $ 30.- |
12.2 | Second order | $45- |
12.3 | Third order | $60.- |
Request for extension of deadlines on intimation, unique and improbable | $50. | |
13 | Request for reconsideration: | |
13.1 | Contra resolución denegatoria | $75.- |
13.2 | Against resolution of abandonment | $ 40. |
14 | Background search: | |
14.1 | phonetic search: | |
14.1.1 | In one class. | $ 30.- |
14.1.2 | In 34 product classes | $ 150.- |
14.1.3 | In the 8 service classes | $90.- |
14.1.4 | In all classes | $200.- |
14.2 | Search by holder (per each holder in the 42 classes) | $100.- |
14.3 | Search by name: | |
14.3.1 | In one class. | 15. |
14.3.2 | In all classes | $100.- |
15 | Screen Consultation Service: | |
15.1 | No printing | No charge |
15.2 | With print, per page | $0.50 |
16 | New Testimony Order | $50. |
17 | Order of Product Sorting/Services Report (s/Gaza Agreement): | |
17.1 | Made in our offices | $ 20. |
17.2 | Using information from Foreign Offices (WIPOs) plus the costs resulting from the operation | $ 30.- |
18 | Brand Newsletter price: | |
18.1 | For example | $2.- |
18.2 | By a back copy | $3... |
18.3 | Semester subscription (26 copies) | $ 40. |
18.4 | Monthly magazine | $ 25.- |
19 | Ratification of presentations made as a business manager: | |
19.1 | On request for registration or renewal | $50. |
19.2 | Opposition | $ 30.- |
20 | Orders for correction for formal errors in the presentation (title, address, etc.) | $ 20. |
21 | Copy of documents for third parties: | |
21.1 | Simple photocopies, up to 10 pages | $1.50 |
21.2 | 10-page surplus, per page | $0.20 |
21.3 | Authentic photocopy, up to 10 pages | $2.50 |
21.4 | 10-page surplus, per page | $0.30 |
ARANCELES
ART. 85: Invention patents and utility model certificates are subject to payment of the following tariffs:
1 | By filing a patent application: | |
1.1 | Up to 10 claims | $200.- |
1.2 | By surplus claim of 10 | $10- |
2 | Early publication request | $70.- |
3 | Background review request: | |
3.1 | Up to 10 claims | $300.- |
3.2 | For each surplus claim of 10 | $10- |
3.3 | Additional per study in facilities owned by the applicant, plus transfer charges | $200.- |
4 | Right to opposition or observation by third parties | $ 150.- |
5 | View Responses: | |
5.1 | As a result of the preliminary examination | $ 30.- |
5.2 | Subsequential review | $60.- |
5.3 | Surged by opposition from third parties | $100.- |
6 | Request for extension of deadlines: | |
6.1 | First order | $ 40. |
6.2 | Second order | $ 80.- |
6.3 | Third order | $ 150.- |
7 | Order to stop the process | $100.- |
8 | Request for reconsideration | |
8.1 | Contra resolución denegatoria | $ 150.- |
8.2 | Against resolution of abandonment | $ 80.- |
9 | Extension of the patent title, with copy of the documentation up to 50 pages | $ 20. |
from 51 to 100 pages | $ 40. | |
more than 100 pages | $70.- | |
10 | Extension of Certificate of Priority by Paris Convention | $50. |
11 | Extension of priority certificates outside the Convention | $ 40. |
12 | Extension of formal certificates | $ 20. |
13 | Transfer of rights: | |
13.1 | On request | $ 30.- |
13.2 | In patent | $50. |
14 | License contract | $50. |
15 | Utility Model Conversion to Patent and vice versa | $200.- |
16 | Fund Review Order conducted in foreign offices, or information to scientific-technological institutions, plus costs resulting from the same | $200.- |
17 | Annualities: | |
1 to 3rd year, per year | $100.- | |
4th to 6th year, per year | $ 140.- | |
7th year forward, per year | $200.- | |
18 | The tariffs for Utility Models will be 50% of those applied to Invention Patents. | |
19 | SMEs and non-economic purpose institutions will pay tariffs equivalent to 50% of the ones here. | |
20 | Copy of documents for third parties: | |
20.1 | Simple photocopies, up to 10 pages | $1.50 |
10-page surplus, per page | $0.20 | |
20.2 | Authentic photocopy, up to 10 pages | $2.50 |
10-page surplus, per page | $0.30 | |
21 | Recharge for non-compliance in the payment periods of the annuities: | |
30% on the value of the respective tariff | ||
22 | New Testimonials | $50. |
OFFICES AND TRANSFERS
1 | Information: | |
1.1 | On request, on trial, each | $ 30.- |
1.2 | Information on the existence of precautionary measures | $ 30.- |
2 | Request for annotation of precautionary measure: | |
2.1 | Embargo, if not the provisions of Act No. 19.551, Article 296 Inc. 8 | $50. |
2.2 | Inhibitions, upon request | $ 30.- |
3 | Restoration of precautionary measure, upon request | $ 40. |
4 | Copies of files for judicial presentation including their diligence: | |
4.1 | By simple copy: | |
4.1.1 | Brands and Models | $ 20. |
4.1.2 | Patents | $ 40. |
4.2 | By authenticated copy: | |
4.2.1 | Brands and Models | $ 40. |
4.2.2. | Patents | $ 80.- |
4.3 | Additional urgent procedure (72 hours) to return in case of not being able to complete the service | $50. |
5 | Receipt and Proceedings: | |
5.1 | For a record | $50. |
5.2 | Additional record | $10- |
6 | Searches: | |
6.1 | phonetic search: | |
6.1.1 | In one class. | $ 30.- |
6.1.2 | In 34 product classes | $ 150.- |
6.1.3 | In the 8 service classes | $90.- |
6.1.4 | In all classes | $200.- |
6.2 | Search by holder (per each holder in the 42 classes) | $100.- |
6.3 | Search by name: | |
6.3.1 | In one class. | 15. |
6.3.2 | In all classes | $100.- |
7 | Application for Transfer or Change of Money or Change of Corporate Form: | |
7.1 | Attaching Title | $50. |
7.2 | Without attaching title, with New Testimony issue | $100.- |
8 | Request for New Testimonial | $50. |
9 | Request for exclusion of protected products/services (renunciation): | |
9.1 | Partial | $ 30.- |
9.2 | Total | $ 40. |
10 | Extension of Certificates of Procedure | $ 20. |
11 | Disturbances and resignations | $ 30.- |
12 | Request for correction of formal errors in the presentation (title, address, etc.) | $ 20. |
FOR THE DEPARTMENT OF INDUSTRIAL MODEL AND DISEKES
1 | Application for registration of Model or Industrial Design | $ 80.- |
2 | 1st Registration Request. Renewal | $ 80.- |
3 | Registration request for 2nd. Renewal | $ 80.- |
4 | Transfer of Rights: | |
4.1 | On request | $ 30.- |
4.2 | Granted | $50. |
5 | Change of rubble: | |
5.1 | On request | $ 20. |
5.2 | Granted | $ 20. |
6 | Extension of Certificate of Priority by Paris Convention | $50. |
7 | Extension of Certificate of Priority, Out of Agreement | $ 40. |
8 | Extension of Certificate of State of Procedure | $ 20. |
9 | Extension of Model Title or Industrial Design, with copy of the documentation | $ 40. |
10 | Reply of Views | $ 30.- |
11 | Order to stop the process | $100.- |
12 | Administrative resources | $50. |
13 | New Testimony | $50. |
14 | Searches: | |
14.1 | By holder, in all classes per holder | $100.- |
14.2 | Background search, in all classes | $ 30.- |
15 | Copy of documents for third parties: | |
15.1 | Simple photocopies, up to 10 pages | $1.50 |
15.2 | 10-page surplus, per page | $0.20 |
15.3 | Photocopies authenticated up to 10 pages | $2.50 |
15.4 | 10-page surplus, per page | $0.30 |
DEPARTMENT OF TECHNOLOGICAL INFORMATION
1 | Technical background search: | ||
1.1 | Database available in the office: | ||
1.1.1 | Thematic search: | ||
1.1.1.1 | Databases of Patent Argentinas: | ||
Total | $60.- | ||
Since 1975 | $ 40. | ||
1.1.1.2 | Databases of Foreign Patents (US.EP.ES): | ||
By reference basis | $50. | ||
1.1.2 | Bibliographic data search (except Title): | ||
By bibliographic data up to 10 patent appointments | $ 20. | ||
For each patent appointment, in excess of 10 | $0.70 | ||
1.2 | External databases to the office: | ||
1.2.1 | Total cost | Source cost + 20% | |
1.2.1.1 | Thematic searches, preliminary tariff | $60.- | |
1.2.1.2 | Bibliographic data searches, preliminary tariff | $ 30.- | |
1.2.1.3 | Patent family, preliminary tariff | $50. | |
2 | Patent Surveillance Services: | ||
2.1 | On the basis available in the office: | ||
2.1.1 | Thematic: | ||
2.1.1.1 | Argentine Patents: | ||
Annual subscription (quarter delivery) | $250.- | ||
Quarterly report | $70.- | ||
2.1.1.2 | Foreign Patents (US.EP.ES): | ||
Annual subscription (quatrimonthly delivery) | $300.- | ||
Individual four-monthly report | $ 110.- | ||
2.1.2 | By patent holder: | ||
2.1.2.1 | Argentine Patents: | ||
Annual subscription (quarter delivery) | $100.- | ||
Quarterly report | $ 30.- | ||
2.1.2.2 | Foreign Patents (US.EP.ES): | ||
Annual subscription (quatrimonthly delivery) | $120.- | ||
Individual four-monthly report | $50. | ||
3 | Report on the status of the technique: | ||
3.1 | Databases available in the office: | ||
By report | $300.- | ||
4 | Patent Trends: | ||
4.1 | Databases available in the office: | ||
4.1.1 | Argentine Patents: | ||
By subclass or group of the international Patent classification or subject | $100.- | ||
4.1.2 | Foreign Patents (US.EP.ES): | ||
By subclass or international ranking group of Patents or theme $ 150.- | |||
5 | Requests for documents: | ||
5.1 | Documents of Argentine Patents | $2.- + 0.20 per page | |
5.2 | Other documents available in the office | $2.- + 0.20 per page | |
5.3 | Documents of Foreign Patents: | ||
5.3.1 | Provisions to the Office by Mail | 15. $- + 0.20 per page | |
5.3.2 | Investigations to the Office by Fax | Source cost + 20% | |
Preliminary Tariff | $ 20. | ||
6 | Send to the Requester: | ||
6.1 | Search result: | ||
Mail c/ return notice | $5.- | ||
National Fax: Bibliographic data only | $10- | ||
National Fax: Demand or Summary and Drawings | $ 20. | ||
6.2 | Documents: | ||
Mail c/ return notice | $10- | ||
Fax National, by document | $ 30.- |
FOR TECHNOLOGY TRANSFER
Request for registration | 1 0/00 on the economic value of the Convention |
Certificate extension | DGI $ 150.- |
The other procedures not expressly stated will be assimilated to those in force for Marks.
DE ERRATA DE
DECRETO N° 260/96In the 22.3.96 edition of which the decree was published, the following errors of printing were slipped:
Article 65
DONDE DICE: The actions of nullity and expiry may be opposed I should say: The actions of nullity and expiry can be opposedAnnex II - Chapter II - Right to the Patent
Article 9
DONDE DICE: proof required I should say: proof requiredChapter III - Concession of the Patent -
Article 12
DONDE DICE: 12) the application of patents (country, number and date oriented); I should say: 12) patent application (country, number and date ŭ); DONDE DICE: 13) refers to a microorganism; I should say: 13) refers to a microorganism;Article 22 (b)
DONDE DICE: a characteristic part I should say: a characteristic partChapter V. Transmission and Contractual Licenses
DONDE DICE: request in writing the NATIONAL INSTITUTE OF HORIZONTAL PROPERTY I should say: request in writing the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTYChapter VII. Other Unauthorized Uses of Patent Owner
Article 50
DONDE DICE: NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will establish I should say: THE NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL will establishPart VIII. Final and Transit Provisions
Article 101-I.
DONDE DICE: On investments in pharmaceuticals, I should say: Regarding the inventions of pharmaceutical products,