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Changes in Argentina regulation: compulsory submission of translations for priority documents

IMPORTANT NOTICE

On September 27, 2018 the National Institute of Industrial Property in Argentina issued Resolution No. 250/2018 by means of which it regulates certain aspects that were pending for resolution emerging from Law No. 27.444 (Debureaucratization And Simplification Law for the Productive Development of the Nation).

Among the principal aspects dealt with by Resolution No. 250/2018, it is worth noting that as from October 1, 2018 the Patent Office requires that all patent applications be accompanied by the Sworn Spanish Translation of the priority document.

Even if the submission of the original priority document issued by the Office of origin as well as the submission of the assignment document of priority rights are no longer required (expect in those cases where these documents are expressly requested by the Examiner on the course of Substantive Examination), the Argentine Patent Office has substantially changed the interpretation criteria regarding Law No. 27.444. In this manner, the requirement of submitting the Sworn Spanish Translation of the priority document made by a local Sworn Translator is reinstated.

The Sworn Spanish Translation must be submitted within three (3) months as from the filing date of the patent application, warning that failure to so proceed would lead to the loss of the priority right.

In addition, on October 9, 2018 the National Patent Administration issued Circular No. 4/2018 by means of which the compulsory submission of translations of priority documents for those patent and utility model applications filed with the Argentine Patent Office between January 12, 2018 and October 1, 2018 was established. The term to proceed with these submissions is of three (3) months counted as from October 1, 2018. This means that for those patent and utility model applications filed with the authorities during the mentioned term, the deadline to submit the Spanish translation of the original priority document is January 1, 2019 (no extensions of time are available). In case the requested translation is not submitted within the stipulated term, the priority right claimed in the application will be lost.

Furthermore, other changes imposed by Resolution No. 250/2018 are as follows:

– The implementation of electronic filing for all matters (trademarks, patents, industrial models and designs, technology transfer, etc.), which aims to simplify and expedite the prosecution of proceedings.

– The increase in official fees for assignment and change of name proceedings for trademarks, patents, industrial models and designs (from ARS 1200 to ARS 1700).

– The incorporation of official fees for renewal proceedings of industrial models and designs within grace period –six (6) months after expiration date- (ARS 4200).

For further information, please contact Mr. Martin Bechara, Clarke, Modet & Cº Argentina at mbechara@clarkemodet.com.ar.

You can review the complete text of the Resolution here (Only Spanish version).