What is a patent?
It is a subjective right that is recognized to the creator of an invention for which the authority to exclusively exploit his/her creation is granted according to the period established by law.
What rights does a patent provide?
The patent provides his/her holder with the power to exclude any third parties that intend to use the invention without the holder’s authorization.
Can I patent procedures?
Yes, products or procedures can be patented provided they meet the requirements demanded by law.
What requirements shall an invention meet to be patentable?
The invention must be a novelty (nonexistent in the technical state, i.e., in the existing body of knowledge in its technical field); sufficiently inventive (it should not be easily deducible by an average technician in the field) and it must have industrial application.
How can the rights deriving from a patent be obtained?
Through registration in the National Institute of Industrial Property [known in Spanish as INPI].[INPI].
How long does the patent registration procedure take?
The average time is 5 years.
¿Is the patent registered in Argentina valid abroad?
No, our registration system is territorial, consequently, the patent must be registered in all the countries where the invention is intended to be exploited.
How long does the term of the patent last? Is it renewable?
The duration of a granted patent is 20 years as of the date when the application is submitted and it cannot be renewed.
Is it advisable to conduct a search for technological information prior to the initiation of the procedure?
Yes, a search is advisable for the purpose of knowing the state of the art, and thus assess if the invention meets the patentability requirements.
Can I transfer my right over a patent?
Yes, it is possible to transfer them to third parties, even the rights over an invention which has not been patented yet or the rights resulting from the submission of an application of patents. The transfer must be in writing and registered in INPI. Furthermore, license agreements can be executed with third parties authorizing them to use the patented invention.
What actions does a patent holder have against unauthorized use of their invention?
The patent holder can quickly prevent such conduct through injunctive relief. S/he can also initiate legal proceedings aimed at collecting damages caused and the application of criminal sanctions as provided by law.
If I disclose my invention, do I miss out on the possibility of protecting it?
In principle, invention disclosure affects the novelty required by law. This recognizes some exceptions such as disclosure by the inventor in fairs and/or scientific conferences which took place the year before the patent application and international priority.