Argentina Reinstates Three-Month Priority Documentation Filing Limit

welocalize January 9, 2019

Argentina’s National Institute of Industrial Property (INPI) recently reinstated the requirement that all internationally sourced patents filed via the Paris Convention be supplemented by Spanish translation of the cited priority documents within three months of application submission. INPI also retroactively ordered sworn priority application translations for all patents filed between 12 January 2018 and 1 October 2018. The initial reinstatement set a three-month grace period for submitting retroactively requested Spanish translations associated with nonprovisional applications filed between 12 January 2018 and 1 October 2018. On 12 November 2018, the grace period was extended another three months.

Elise Flanders, Customer Success Representative at Park IP Translations, provides details on how priority document filings in Argentina work, what you need to know about priority applications and how Park IP can help in the process.

Who is affected by these recent filing changes?

Elise Flanders: If your organization submitted applications in Argentina between 12 January 2018 and 1 October 2018, it will need to submit any missing priority documentation and its translation by 1 April 2019. If you plan to file a patent application in Argentina moving forward, you will need to submit its priority application(s) for translation into Spanish by a certified Argentinean translator.

What do people need to know about filing patent applications in Argentina?

EF: Argentina only accepts foreign patent filings via the Paris Convention and does not offer filing extensions past the 12-month deadline. Applications must be in Spanish or accompanied by a Spanish translation. (You can file the nonprovisional application in a language other than Spanish. The Spanish application must be delivered in the next 10 business days.) If a patent application claims priority to any foreign applications, a Spanish translation of the priority application(s) must be submitted to the INPI within three months of filing. The Spanish translation must be approved by a government-certified public translator in Argentina. The certified translator will swear to the accuracy of the translation and provide it in an Argentina-specific format.

Notable changes in priority application filing requirements since 12 January 2018:

  • Argentina’s IP Office switched to an electronic filing docket and offers online filing services. However, some law firms want a hard copy of the Spanish translation prepared as a precaution.
  • Spanish translations of the certified cover page and electronic acknowledgment receipt of each priority document are no longer required.
  • The updated requirements are applicable to all priority documents submitted in association with nonprovisional applications filed after 12 January 2018.
How can Park IP help with priority application filings in Argentina?

EF: Park IP provides expert language and translation solutions for global IP services and corporate matters, enabling our clients to overcome foreign language barriers in a complex, fast-paced global marketplace. Park IP manages a global filing network of IP agents and has extensive relationships in Argentina. Our associates manage every application efficiently, with a high level of proficiency across a broad range of technologies. Park IP offers Spanish translations by certified Argentinean translators and filing services.

Filing requirements in Argentina may continue to flux while their IP office continues to roll out new procedures and technologies. We’ll make sure translation and filing needs are covered with plenty of time to spare.

Contact Park IP for more information or with any additional questions.