Utility Models

1. OVERVIEW

An utility model is a new disposition or shape obtained or introduced in tools, working instruments, utensils, devices or known objects suitable for practical work, with respects to a better utilization for the function for which they are destined. The deed, denominated utility model certificate, confers on their creator the exclusive right to exploit it.

This right is granted only to the new shape or disposition as it is defined, but a utility model certificate is not granted within the scope of protection of a patent of invention in force.

A process cannot be protected by an utility model, even if it refers to a novel process for manufacturing the object including the new disposition or shape. Processes can only be protected by patents.

Priority basis: first-to-file

Argentina is a party to the Paris Convention.

Argentina is NOT a member of the PCT. Consequently, the utility model application has to be filed within one (1) year from the original application (if Convention priority is invoked) or prior to the publication (if priority is not requested). If the original PCT application has already been published, the novelty will be affected, and the invention will be considered to be in the public domain in our country.

Please click here to see a utility model procedure timeline.

An invention may be protected by means of a utility model if it is novel, if it is susceptible of industrial application, and if it is clearly and sufficiently disclosed in the application.

  • Novelty:  Absolute novelty is required. Accordingly, publication, offer for sale or public use in Argentina or abroad before the application date (or the priority date under the Paris Convention) affects the novelty. However, it is considered that the novelty is not affected when it is the applicant who makes known or discloses abroad the invention within six (6) months before the filing of the application in Argentina.
  • Inventive step (non-obviousness) is not required.
  • Industrial applicability: An invention shall be considered susceptible of industrial application if it can be reproduced in any industry field. The term “industry” comprises transformation industries, manufactures, agriculture, forestry industry, industry pertaining to cattle breeding, fishing industry, mining, and services.

The application must disclose the invention in a sufficient and clear way so as the invention may be reproduced by a person with skills in the specific technical field. The applicant should further disclose the best way to carry out the invention. No additional subject matter can be added to that of the originally filed in the application.

Utility models are not registrable if the working thereof within Argentina should be prevented to protect public order or morality, human, animal or plant life or health or to avoid serious damage to the environment and the entire genetic and biological matter which exists in nature.

All physical or legal entities, national or foreign with actual or legal domicile in Argentina, are entitled to obtain utility models.

The invention made by an employee in the course of his employment, contract, or during his service or labor relation, belongs to the employer if the purpose of such relation involves partially or totally inventive activities.

The applicant may mention in the application the name of the inventor or inventors and require the inclusion of the same in the publication of the application.

The utility model is valid once granted and has a duration of ten (10) years counted from the application date.

2. FILING REQUIREMENTS

Full name and address (including city, state, postal code and country of residence) of the applicant(s) must be informed at the moment of filing. In the case of natural persons, the following information must be stated in the application form:

a. ID number (e.g. passport number) of the applicant(s);
b. Marital status (if married, it must be indicated whether it is a first marriage or a remarriage);
c. If married, complete name and ID number of the spouse of the applicant(s).

If there are two or more Applicants, the right will be equally divided among them unless stated to the contrary in the Application Form.

A utility model application consists of an Application Form, Cover Sheet, Specification, Drawings, Claims and Abstract. They must be filed in Spanish; otherwise, a translation into Spanish by an Argentine Sworn Translator, legalized by the Association of Translators of Buenos Aires, must be filed within the next ten (10) working days.

A description of the new configuration or disposition of a single main object for practical use, of the functional improvement, and of the relation between the new configuration or disposition and the functional improvement and also an explanation of the drawing or drawings must be provided, in such way that the invention can be reproduced by a person skilled in the art.

The set of claims must define the object for which the protection is applied for, and must be clear and concise. Said claims can be one or more and they have to be based on the description without exceeding it.

The first claim is the only independent claim admitted and it must refer to the main object. The rest of the claims must be subordinated to the first one.

The claims must contain:

a. a preamble or exordium indicating from the start the same title with which the invention has been denominated, subsequently comprehending all the known features of the invention emerged from the nearest state of the art; and
b. a characteristic part where the elements establishing the novelty of the invention must be mentioned.

Although there is no limit to the number of claims that can be included in the application, when the set of claims exceeds ten (10) clauses, an additional fee must be paid for each additional claim over the first ten (10) clauses.

The required documents to file a utility model application in Argentina are listed below.

  1. Power of Attorney, notarized and legalized (by Apostille or by the Argentine Consulate) must be submitted within ninety (90) days from the filing date in Spanish. In urgent cases a facsimile copy simply signed by the applicant is acceptable, but to be confirmed with a formal Power of Attorney within ninety (90) days from the filing date. The POA must be dated prior to the filing date in Argentina.
  2. If an international priority under the Paris Convention is claimed, the following are the requirements:

a. Country, date and number of the priority application
b. Original Priority document
c. Original or Certified Copy of Assignment of Priority Rights

2) a. Country, date and number of the priority application: The country and date of the priority application must be stated at the moment of filing the application. The application number should be provided at the moment of the filing, if available, but can be stated later on.

2) b. Original Priority document. It must be filed within ninety (90) days from the filing date in Argentina, either in Spanish or together with a Spanish translation, verified by Argentine Sworn Translator. This document does not require legalization. Electronic priority documents issued by the corresponding Office are allowed.

Some PTOs can issue bilingual priority certificates. If the priority certificate is issued in the original language and Spanish, there are no other formal requirements other than filing the certified copy of the priority certificate. If the priority certificate is issued in English, we can translate the priority certificate into Spanish ourselves and have it verified by an Argentine Sworn Translator.

On the other hand, if the PTO can only issue priority certificates in a language other than English or Spanish, then there are two options:

i. With a sworn translation from the original language to English, duly signed and stamped by the sworn translator and legalized (by Appostille or by the Argentine Consulate) in order to certify that the person who translated the document is indeed a sworn translator. Once we receive the priority document and the legalized sworn translation we can translate the latter into Spanish and have it verified by an Argentine Sworn Translator. This also applies to Assignment of Priority Rights documents.
ii. We can have the priority document translated directly by an Argentine Sworn Translator. This is usually the most expensive option since Argentine Sworn Translators specializing in languages other than English charge very high rates. This also applies to Assignment of Priority Rights documents.

2) c. Original or Certified Copy of Assignment of Priority Rights. The right to claim priority should have been assigned from the inventor(s) to the applicant(s) prior to the filing date in Argentina. If the Assignment of Priority Rights document is not in Spanish, then it must be filed together with a Spanish translation, verified by Argentine Sworn Translator. This document does not require notarization or legalization as long as it is the originally signed document.

i. If the priority application was filed by more than one applicant, the signature of only one of them is sufficient to assign the priority rights of the application.
ii. The assignment form provided above has retroactive effects. If this form is not used, it should be noted that the assignment must be dated either prior to the filing date of the application in Argentina, or the priority date, whichever is later.
iii. If a copy of the document is submitted, the ARPTO will issue an office action requesting the original document.
iv. If the title of the invention is stated in the assignment instead of the application number, then the ARPTO will issue an office action requesting a new assignment.

If the invention was previously disclosed no more than a year before the application date, the applicant must declare such disclosure in the application form and submit with this:

a copy of the means of communication by which it was disclosed;
i. in the case of an audiovisual medium: declaration of date, medium and geographical location;
ii. if the invention was exhibited: evidence of participation in the event.

3. PROCEDURE

An official search may be requested at the ARPTO based on bibliographic data (for instance, priority) or a topic.

On the other hand, a utility model surveillance about either a subject within a specific technological field or an organization such as a competitor may also be requested at the ARPTO. This service consists of a one-year term of utility model surveillance; the PTO will provide three (3) reports with updates relating to new utility model applications within a specific technological field or submitted by a particular organization or inventor.

Preliminary examinations: The Patent Office performs two preliminary examinations; one for technical formalities and the other for administrative formalities, and may order the publication of the application or raise official actions. If the applicant does not respond to the official action within a term of 180 days, the application will be considered abandoned.

Publication: The application is published after approximately eighteen (18) months counted from its filing date. Upon the applicant’s request, the application may be published earlier.

Observation by third parties: Any person may lodge objections regarding the lack of novelty, industrial applicability, or illicitness of the subject matter and enter documentary evidence within a term of sixty (60) working days as from the publication date.

Attention Call: When the term to lodge oppositions has lapsed, an attention call might be filed. The attention call can be performed at any time while a utility model application is still pending. The difference between an opposition and an attention call is that the former will be included in the Examiner’s report at the moment of performing the Substantive Examination while the latter might not be taken into consideration by the Examiner.

Substantive Examination: It must be requested before three (3) years as from the filing date. If the substantive examination is not requested (i.e. the corresponding fees are not paid) within that term, the application will be considered abandoned. There are no extensions of time regarding the deadline to request the substantive examination.

The substantive examination can be requested at any time between the filing date of the application and its third filing anniversary. At the moment of requesting the examination, an additional fee must be paid for each additional claim over the first ten (10) clauses. The number of claims exceeding the first ten (10) clauses is taken from the set of claims approved in the preliminary examinations stage.

Independent utility model applications are examined in the order in which they were filed.

Divisional utility model applications are examined along with their parent application.

The majority of office actions (O.A.) can be grouped as follows:

1) Clarifications Prior to the Substantive Examination

a. The Patent Office may request the applicant to submit, within a term of ninety (90) running days as from the date of notification of such requirement, a copy of the substantive examination performed by foreign Patent Offices for the same invention, if available.
b. Clarity: the Examiner may object the clarity or the registrability of part (or the entirety) of the set of claims. The term to file the response to this O.A. is thirty (30) working days counted from its notification date. After filing the response, the Substantive Examination will be performed whether the objections are surmounted or not.
c. The Examiner can also object the lack of unity of invention. If the Examiner considers that the claimed object comprises more than one invention, then he/she will invite the applicant to restrict the scope of the utility model application to one invention and, optionally, to submit one or more divisional applications in order to protect the other one or more inventions. Divisional applications may be filed at any time while the parent application is still pending. The deadline for requesting the corresponding substantive examination is the same as the parent case. Therefore, if the divisional application is submitted after three years from the filing date of the parent application, the substantive examination must be requested at the moment of filing the divisional application. The duration of a divisional application is of ten years (10) counted from the filing date of the parent application. The term to file the response to this O.A. is thirty (30) working days counted from its notification date.
d. The Examiner may invite the applicant to convert the utility model application into a patent or an industrial model application. The term to file the response to this O.A. is ninety (90) running days counted from its notification date. The applicant may request such conversion voluntarily during the term of ninety (90) running days from the application date. If the voluntary conversion request is made after the referred term, it will not be accepted.

2) Substantive Examination: if the claimed invention lacks novelty or industrial applicability in the opinion of the Examiner, then an O.A. will be issued. Within sixty (60) running days as from the date of the notification of the official communication, the applicant must:

a. amend the application for it to comply with the legal and regulatory requirements; or
b. express his/her opinion about the observations set forth by the Examiner, refute them or formulate the clarifications he/she considers pertinent or convenient.

3) Last Report before Final Resolution: When the observations set forth in the Substantive Examination are not satisfactorily addressed by the applicant, the Examiner issues another O.A. and advises the Patent Office to reject the application. The term to file the response to this O.A. is thirty (30) working days counted from its notification date.

There are three thirty (30) calendar day extensions of time available to respond any of the above O.A. These extensions of time are automatically granted and the payment of the corresponding official fees must be done at the moment of filing the response according to the number of extensions used.

If the applicant does not file the response to an O.A. in the mentioned term plus the three (3) extensions of time, the application is abandoned.

When all the corresponding requirements are approved, the Patent Office proceeds to issue the utility model. The announcement of the granting of the utility model is performed by means of a Notice of Allowance indicating the granted utility model number. In said communication, the ARPTO also informs the applicant to claim the utility model certificate at the P.O.; otherwise, the certificate will be archived.

The granting of the utility model is done with no prejudice to a third party with a better right than that of the applicant, and with no guarantee from the State concerning the usefulness of its object.

Please click here to see a utility model procedure flow chart, or here to see a Utility model Procedure timeline.

Appeals against the ARPTO may proceed:

a. against a definitive act, namely the refusal of a utility model; or
b. against an act that is not definitive but causes some type of prejudice to the applicant’s right.

The types of appeal can be summarized as follows:

  1. Reconsideration appeal: It is submitted before, and resolved by, the same authority which issued the administrative act, that is, the National Patent Administration. The term to file this appeal is of ten (10) working days from the notification date of said act. The hierarchical appeal, in subsidy, is implicit in the previous one. If the decision is not reversed in this area, the legal department will further study the matter, in which case the applicant will be informed and given five (5) additional working days to broaden the grounds of the appeal.
  2. Hierarchical appeal: It is submitted before the same authority which issued the administrative act, that is, the National Patent Administration. The matter will be brought to the legal department for its resolution. The term to file this appeal is of fifteen (15) working days from the notification date of said act.
  3. Appeal before a higher authority: It is submitted before the same authority which issued the administrative act, that is, the National Patent Administration, or the presidency of the National Institute of Industrial Property. The matter will be brought to the Ministry of Production for its resolution. The term to file this appeal is of fifteen (15) working days from the notification date of said act.
  4. Reconsideration appeal provided by Article 72 of Patent and Utility Model Law: Only valid when the act is the refusal of a patent or utility model. It is submitted before the same authority which issued the administrative act, that is, the National Patent Administration, or the presidency of the National Institute of Industrial Property. The presidency will resolve the matter. The term to file this appeal is of thirty (30) working days from the notification date of said act.

In the event that the refusal of a utility model is confirmed in the administrative instance in response to the appeal, there will be thirty (30) working days from the notification of the final decision to file a legal action.

The lawsuit must be initiated at the ARPTO accompanying the corresponding evidence. Later, the case is brought to the Federal Civil and Commercial Chamber where the court is raffled.

Once the judge is notified, there is a term of six (6) months to submit additional evidence. The evidence may consist of documentation, such as, grant certificates of homologous foreign utility models or patents, evidence provided by an expert (designated by the Court), evidence of a technical consultant, and informational evidence. All the documentation accompanied must be certified and legalized. In case the language is different from Spanish it must be translated into Spanish by an Argentine Sworn Translator and legalized by the Sworn Translators Association of the City of Buenos Aires (CTPCBA).

After that six (6) months, the ARPTO has sixty (60) days to respond.

Subsequently, the opening to test, the production of evidence offered by the parties and the allegations occur.

Finally, the judgment of first instance is ruled. In case it is not favorable, the client can decide to appeal to the Chamber. If the second instance judgment is also not favorable, the last possibility is to file an extraordinary appeal to the Supreme Court.

4. POST-GRANT PROCEEDINGS

A utility model is a proprietary right granted by the Federal government pursuant to laws passed by Congress.

A utility model does not confer the right to use nor to exploit the technology covered by it; instead, a utility model confers on the owner the right to prevent third parties from effecting manufacturing acts, use, offer for sale, sell or importation of the product which is the subject matter of the utility model without consent.

Every person who improved a utility model shall have the right to apply for an additional utility model as long as the parent utility model is in force. Otherwise, the new application will be considered to be independent from the original invention.

Additional utility models shall be granted for the remainder of the lifespan of the utility model upon which it depends. In case there were more than one parent utility model, the latest expiration date shall be taken into account.

After a utility model is granted, the owner must pay annual fees to keep the utility model in force. If the annuities are not paid within the term established by law, there is a 180-day grace period to carry out the payment of the updated fees (i.e. including the corresponding surcharges), after which the utility model will lapse under item C., article 62 of Law No. 24.481 (1996), and art. 4, of Resolution D-158 of August 11, 1998.

First and second annuities are complimentary.

Annuities are due only when the utility model is granted and payments must be made in advance to each year.

For independent utility models, the annuities that are due until that moment (counted from the third annuity) should be paid prior to the first anniversary of the filing date following the granting notification date. From that moment on, each remaining annuity must be paid prior to the anniversary of the filing date.

Divisional utility models have the same effective filing date and the same anniversary date of the independent utility model. Annuities due at the moment of granting (counted from the third annuity) should be paid prior to the first anniversary of the filing date following the granting notification date. From that moment on, the annuities due will coincide with those of the parent utility model (both in number and corresponding fee).

Additional utility models have their own filing date but the same anniversary date as the parent utility model. When the additional utility model is granted, the annuity that must be paid coincides with the anniversary year of the parent utility model. For example, if the parent utility model is in its 8th year of protection, then the annuity due at the moment of granting the additional utility model will be the 8th annuity. From that moment on, the annuities due will coincide with those of the parent utility model (both in number and corresponding fee).

The right conferred by a utility model does not produce any effect against any person who purchases, uses, imports or in any form markets the product protected by the utility model, once said product has been legally placed in the market in any country. The marketing is considered legal when it complies with the Agreement of Intellectual Property Rights Related to Commerce, Part III Section IV GATT-TRIPS.

The right of exploitation conferred by a utility model shall be granted, without the authorization of its owner, when the competent authority has determined that the utility model owner has engaged in anti-competitive practices.

Anti-competitive practices are considered to be, among others, comparatively excessive prices compared to the market average, refusal to supply the local market on reasonable commercial terms, and the obstruction of commercial or productive activities.

Exploitation (working) of a product is deemed to exist when there is sufficient distribution and marketing efforts to satisfy the demand of the domestic market on reasonable commercial terms.

If the invention has not been worked, unless this was caused by force majeure, or serious and effective preparations have not been effected for the exploitation of the invention which is the object of the utility model, or when the exploitation of said utility model has been discontinued for the term of one (1) year, any person shall be allowed to apply for an authorization to use the invention without the authorization from its owner.

It shall be considered as force majeure, in addition to such legally recognized causes, the objective difficulties of technical and legal kinds, such as the delay in the obtainment of the registration in Government Agencies for the authorization to commercialize, alien to the will of the owner of the utility model, which make impossible the exploitation of the invention. The lack of economical resources or the absence of economical feasibility of the exploitation shall not constitute by themselves justifying circumstances.

A potential user may request before the authority of application the granting of an obligatory license for the manufacture and selling of the product protected by the utility model if he/she can accredit his/her attempts to obtain the granting of a voluntary license from the owner of a utility model in reasonable commercial terms and conditions and such attempts were unsuccessful after a term of 150 running days as from the date in which the respective license had been applied for and that the technical and commercial conditions to supply the internal market are met.

The ARPTO shall notify the owner of the utility model the default incurred concerning the provision before granting the use of the utility model without authorization from said owner.

The authority of application, after hearing the parties, and if they do not reach an agreement, shall establish a reasonable compensation that the owner of the utility model shall receive, which shall be set forth in accordance to the circumstances pertaining to each case and taking into account the economical worth of the authorization, bearing in mind the average royalty fees for the business line involved in license agreements between independent parties.

The utility model shall lapse when the invention, assigned to third parties by compulsory licenses, is not worked for a term of two (2) years due to causes attributed to the owner of the utility model.

The ARPTO does not settle legal disputes between parties; all legal disputes are settled by the Federal Court. Please click here to see a schematic overview of the procedures relating to Legal Disputes in IP matters in our country.

Utility models granted in violation of the Law are null, totally or in part.

Any person (individual or company) with a legitimate interest may bring a nullity action within the Federal Court.

The decision can be appealed to the Chamber of Appeals and, under certain considerations, to the Supreme Court.

The infringement of the inventor’s rights is considered as counterfeit and punishable by imprisonment and fine.

This penalty is also applicable to:

a. anyone who knowingly produces or entrusts the production of one or more objects infringing the rights of the utility model’s owner;
b. anyone importing, selling, exhibiting or introducing in Argentina one or more objects infringing the rights of the utility model’s owner;
c. anyone who, being partner, mandatory, adviser, employee or worker of the inventor or his legal successors, appropriates or discloses the still not protected invention;
d. anyone who, corrupting the partner, mandatory, advisor, employee or worker of the inventor or his legal successors, obtains the disclosure of the invention;
e. anyone violating the bound of secrecy imposed in the Patent and Utility Model Law.

A fine may be imposed on anyone who, not being the owner of a utility model or not being anymore the beneficiary of such rights, uses in its products or in its advertising designations capable of inducing the public into error with respect to their existence.

Criminal participation and complicity are applied in accordance with the Argentine Penal Code.

In addition to the penal actions, the owner of the utility model and his licensee may start civil actions for the forbidding of the continuation of the illegal exploitation and to obtain a compensation for the prejudice suffered.

Provisional remedies:

a. Seizure of one or more samples of the objects under infringement
b. Inventory or embargo of the forged objects and of the machines specially destined for the manufacturing of the products.

Anyone having in his or her possession objects under infringement must provide complete information concerning the name of the person that has sold or supplied said objects, the amount and value of those objects as well as the time the products began to be sold, under penalty of being considered an accomplice to the infringer.

The plaintiff may demand a bail bond from the defendant in order to prevent the same from interrupting the exploitation of the invention. In case the latter wishes to continue said exploitation, and, in the absence of the bail bond the former may request the suspension of such exploitation providing him a convenient bail bond, in the case it were requested.

Federal judges having jurisdiction in Civil and Commercial Matters are competent concerning civil actions. The Federal Judges having jurisdiction in Criminal and Correctional Matters are competent concerning penal actions.

5. ASSIGNMENTS & CHANGES OF NAME

ASSIGNMENTS

Utility models may be transferable and licensed in totality or in part. The assignment of the utility model shall become enforceable against third parties, only once it has been recorded before the ARPTO. The Law also provides that the licensee will have the right to exercise the legal actions that correspond to the owner of the utility model only in the event that the latter does not exercise them himself/herself.

The following are the required documents for recording an assignment:

a. Assignment document: Must be signed by both parties. If a party is a foreign person, the signature must be notarized and legalized by Apostille or by the Argentine Consulate. The notary must attest that the representation and faculties invoked for carrying out the act have been proven in due form. In order to download a Utility model Application Assignment Form, please click here. If the Utility model has been granted, please click here
b. Original certificate of registration in Argentina if the utility model has been granted. It should be noted that the filing of this document is optional and does not obstruct the procedure of recording the assignment. However, the certificate showing the new owner will be required at the time of enforcing the right.
c. Power of Attorney signed by the party, notarized and legalized (by Apostille or by the Argentine Consulate), unless included in the assignment document is also required.

All the documents must be original (copies are not allowed), must be in Spanish or filed together with a sworn translation into Spanish performed by an Argentine Sworn Translator and legalized by the Sworn Translators Association of the City of Buenos Aires (CTPCBA).

The following are the rules regarding consideration:

a. Consideration need not be stated.
b. A nominal consideration may be stated.
c. The amount of U$S 1.00 is accepted.

Assignments may be made with or without goodwill and it is not necessary to refer to goodwill in the deed.

Pending applications may be assigned. The assignment will be recorded prior to its registration.

The procedure starts with the filing of the assignment form together with all the above-mentioned documentation. Once this form is filed, the ARPTO will examine the documentation in order to verify its validity.

The PTO will conduct a study verifying that the documents submitted meet the formal requirements.

Once the assignment has been approved by the PTO, the Office will issue a notification certifying that, in light of the filed documents, the assignment has been recorded in favor of the assignee. This document issued by the ARPTO is the proof of the assignment.

CHANGES OF NAME

The following are the required documents to record a Change of Name:

a. Change of name document (Certificate of Registry), signed by a notary attesting the change of name, and legalized by Apostille or by the Argentine Consulate. Please click here to download a Change of Name Form. Otherwise, a legalized certification of change of name of the company, issued by the competent authority in the corresponding country, must be filed.
b. Power of Attorney signed by the applicant (or owner), notarized and legalized (by Apostille or by the Argentine Consulate).

All the documents must be original (copies are not allowed), must be in Spanish or filed together with a sworn translation into Spanish performed by an Argentine Sworn Translator and legalized by the Sworn Translators Association of the City of Buenos Aires (CTPCBA).

The procedure starts with the filing of the change of name form together with all the above-mentioned documentation. Once this form is filed, the ARPTO will examine the documentation in order to verify its validity.

The PTO will conduct a study verifying that the documents submitted meet the formal requirements.

Once the change of name has been approved by the PTO, the Office will issue an ownership update stating that a change of name has been filed and also certifying that, in light of the filed documents, the change of name was recorded in favor of the assignee. This document issued by the ARPTO is the proof of the change of name.

The registrant may effect all post-recordation actions under the new name.

MERGERS

Recordation before the ARPTO is required.

The following are the necessary documents to record a Merger:

a. A certificate attesting the merger issued by the Registry of Companies or by Notary Public or by any other competent authority according to the laws of the country where the merger took place. Legalization by Apostille or Argentine Consul is required. Otherwise, it is also acceptable to submit an assignment document signed by both legal representatives (it can be the same person). If a legal representative is a foreign person, the signature must be notarized and legalized by Apostille or by the Argentine Consulate. The notary must attest that the representation and faculties invoked for carrying out the act have been proven in due form. In order to download a Utility model Application Assignment Form, please click here. If the Utility model has been granted, please click here.
b. Original certificate of registration in Argentina if the utility model is granted. It should be noted that the filing of this document is optional and does not obstruct the procedure of recording the assignment. However, the certificate showing the new owner will be required at the time of enforcing the right.
c. Power of Attorney signed by the applicant (or owner), notarized and legalized (by Apostille or by the Argentine Consulate).

All the documents must be original (copies are not allowed), must be in Spanish or filed together with a sworn translation into Spanish performed by an Argentine Sworn Translator and legalized by the Sworn Translators Association of the City of Buenos Aires (CTPCBA).

The transfer to the surviving entity of rights arising from registration becomes effective against third parties.

6. LEGISLATION

Patent and Utility Model Law No. 24.481 of March 30, 1995, amended by Law Nº 24.572 of October 18, 1995 and Decree No. 260 of March 20, 1996.

Argentina is a party to the Paris Convention.

Argentina is not a member of the PCT.

GATT-TRIPS

The information contained in this website is not intended to constitute legal advice or other professional services. Instead, this information is merely intended to be of a general nature and is provided solely for the interest of the reader. Accordingly, we cannot accept any responsibility whatsoever for its use. Take into account that this information should not be used as a substitute for a full and proper consultation. We have attempted to ensure that all information contained on this site has been obtained from reliable sources. However, the accuracy, integrity and entireness of any information provided on this site cannot be guaranteed, and we cannot be responsible for any errors or omissions or any consequences arising from its use.