By José Santacroce, Partner and Head of Patent Department
The Argentine INPI has published on 29 April 2019 Resolution 112/2019 with the objective to accelerate substantive examination of Argentine first filing patent applications.
The text of said resolution is the following:
SEEN the file EX -2019-16551501- -APN-DOINPI, of the Law of Patents of Invention and Utility Models N° 24,481 (t. o. 1996), as amended by laws Nos. 24,572, 25,859 and 27,444, and by the Regulatory Decree N° 260 dated March 20, 1996, Annex II; and
That, today, Argentina is undergoing a transformation and modernization process which aims to an economy growth based on the incorporation of local and world value chains, regarding innovation as the main axis of the productive development.
That, in this frame, the protection of innovations through the system of patents of invention and utility models fulfills a significant role in the competitiveness of firms, especially our PYMES (Small and Medium Sized Companies, from the acronym in Spanish), which invest in innovation and request to protect cash advances and inventions to be afterwards apply to an industrial development.
That this INSTITUTE is adopting several measures, starting with the reform to the proceedings of Patent Law, so that the applicants are granted all the corresponding registration with higher celerity, efficiency and quality and especially within the field of patents of inventions and utility models, being aware that the simplification of processes enhances competitiveness and has a strong impact in the saving of fees and costs to the applicant.
That, within the frame of the proposed actions, the creation of a program of Priority Patent Examination (PEP) is relevant, when the first regular application of patent is performed in Argentina.
That the Priority Patent Examination (PEP) will result in a proceeding rule to early access to a substantial examination, subject to the meeting with certain conditions, but that this does not imply any change to substantial rules of current ruling on this matter.
That the NATIONAL PATENT ADMINISTRATION and the DIRECTION OF LEGAL AFFAIRS have intervened, as applicable.
That this document is issued pursuant to the authority conferred by Article 92 item k) of Law N° 24,481, as amended by Law N° 27,444.
For this reason,
THE PRESIDENT OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY DECIDES:
ARTICLE 1°.- To create, within the frame of the National Patent Administration (ANP) the program of Priority Patent Examination (PEP).
ARTICLE 2°.- The program will be applicable to those patent application that meet the following conditions:
a) the first regular filing of patent of invention application has been performed in Argentina;
b) the application is published in the patent bulletin of this Institute;
c) the third party objection period is expired,
d) the substantial examination fee has been paid;
e) the corresponding substantial examination has not been performed;
f) no other accelerated proceeding has been required for the same application.
ARTICLE 3°.- The applicant who wants to apply to the PEP should complete the form attached as annex IF N° IF- 2019-39703985-APN-INPI#MPYT to this resolution and at the same time the following should be submitted:
a) a national and international search report issued by the Direction of Technological Information and Documentation of INPI;
b) an affidavit of not having filed the invention object of the PEP program in another patent office before;
c) in the case the applicant is a small and medium sized firm, the proof certificate therefor; and
d) the payment of the fee for the application of the present priority examination.
ARTICLE 4°.- After the requirements of the previous articles are met, the patent office will decide on suitability within SIXTY (60) running dates, as from the request date.
ARTICLE 5°.- The present program will extend for a term of three (3) years, from the enforcement of this resolution, to be extended for equal and successive periods.
ARTICLE 6°.- The present resolution will be in force after THIRTY (30) days from the date it is published in the Official Bulletin.
ARTÍCULO 7°.- Be this registered, notified and sent to the National Direction of Official Registration for publishing in the Official Bulletin for the term of (1) day, and after being met, be it published in the Patent Bulletin, with a copy in the notification board, on the web of INPI and then be it filed.