Publication of new decree regulating patents, trademarks and designs in ArgentinaPosted on 20/01/2018 by balder
On January 11, 2018, the Argentine government published in the Official Gazette the Decree Nº 27/2018. The main purpose of this decree is to simplify and reduce the length of time required for proceedings in the public institutions such as the Argentinean Trademark and Patent Office (ATMO).
Still pending that specific regulations for its implementation are issued by the ATMO and subject to eventual changes prior to be in force, the most relevant changes concerning IP matters would be the following:
The most important changes are found in the opposition system. Before the existence of this decree, in Argentina, the opposition was considered a conflict between the parties, which meant that the Trade Mark Office had no legitimacy to rule on it and the opposing applicant had 1 (one) year to obtain amicably the withdrawal of the opposition and in the event of not being able to do so, the applicant was allowed to apply to the court. Now, according to this new law, the opposing applicant will have a 3 (three) months term to obtain the withdrawal of the opposition received. Moreover, if the applicant cannot obtain such withdrawal, with this new directive the opposition must be decided by the Trademark Office.
Additionally, the decree establishes that after the fifth year of the registration of the mark has been granted and before the expiry of the sixth year, the owner must submit a sworn declaration of the use of the mark up to that time.
The new regulation also includes significant changes in this particular, such as the possibility of filing multiple applications including up to 20 designs, provided that they all belong to the same Locarno class. If the designs belong to different classes, divisional applications will be accepted.
It will also be possible to request the deferred publication of a granted design. The deferment period will be up to six months from the granting date. In addition, renewals, assignments and cancellations will also be published from now on.
Other changes affect the definition of a design, which now includes handcrafted products. It is also worth mentioning a broader scope of the 6 months grace period for non-prejudicial disclosure of designs. Photographs will be accepted and descriptions will be optional from now on. It will also be possible to renew designs during a 6 months grace period after they were due. Finally, it will be compulsory to exhaust the administrative stage before the INPI before appealing a refusal before the Courts.
Patents and utility models
According to the new decree, the term for requesting technical examination shall be 18 months as of filing date (instead of 36 months). Something similar happens with the term for replying preliminary examination that has changed from 180 days to 30 days.
Another change has been made in relation to the submission of certified copies of the priority application, which from now on they don´t need to be accompanied by its translation and on the field of patents of addition which are now available.
More things that need to be taken into account are the observations against grant utility model applications which may be filed within a 30-day term after publication and submission of Power of Attorney shall be no longer required.
We will keep you duly informed about this matter. Should you have any questions in the meantime, please feel free to contact us.