Registration of industrial designs in Argentina – Every company that owns an industrial design and intends to expand its business in the Argentina market should use the Argentina intellectual property system. It is paramount for businesses to file an industrial design application in Argentina for industrial designs, even if the launch of the respective product on the market in Argentina has not yet commenced.
Requirements for Industrial Design Registration Application in Argentina
An industrial design application in Argentina requesting the right of priority must be filed within 6 months from the priority date. The restoration of this term is not possible.
The official language of the proceedings before the patent office is Spanish.
The following information and documents need to be provided in the application for registration of an industrial design in Argentina:
name, address, and nationality of the applicant, business address;
request for design registration;
representation of a design (drawings, photos, or digital reproductions).
The original Priority Document is not required, but if requested by the Office, a sworn translation into Spanish must be provided within three months of the filing date.
A Power of Attorney must be authorized by apostille or by an Argentine Consul and notarized. Within 40 business days of the filing date, a digital copy of the POA shall be provided.
There is no need for an Assignment Deed. Suppose the applicant for an Argentina design application is not the original designer of the design. In that case, he must state in the application how he obtained permission to file for a patent from the creator.
Examination of an Industrial Design Application in Argentina
The Argentine Patent Office only conducts a formal examination of design applications. In Argentina, there is no process for conducting a substantive examination for industrial design applications.
Validity period and renewal of industrial designs in Argentina
If an industrial design is disclosed within six months of the filing date or if priority is claimed before the priority date by the inventor or his legal successors, it will not invalidate the novelty of the design. Documents supporting the existence of such disclosure must be provided.
An industrial design’s basic validity term in Argentina is five years, renewable up to two times for further five-year periods. The maintenance fees must be paid within six months of the preceding five-year term’s expiration. Within a grace period of six months following the due date, late payments are allowed with the payment of a corresponding surcharge.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Argentina should perform an industrial design search in Argentina through a law firm, or an industrial design attorney.
