Legal framework overview

Argentina’s IP legal framework is based on a dual system of industrial property and copyright, and mainly includes:

• Patent and Utility Model Law (Law No. 24.481/1995, amended by Law No. 27.444/2018)

• Trademark Law (Law No. 22.362/1980)

• Industrial Design Law (Decree No. 6673/1963)

• Copyright Law (Law No. 11.723/1933)

• Unfair Competition Law (Law No. 27.442/2018)

The competent authority is INPI Argentina (National Institute of Industrial Property of Argentina), which is under the Secretariat for Productive Development (Secretaría de Desarrollo Productivo).
Argentina is a member of WIPO, the PCT, the Paris Convention and the TRIPS Agreement, and is in the process of acceding to the Hague Agreement, and it participates in regional cooperation mechanisms in Latin America (PROSUR).

International cooperation and regional integration

• Argentina is a member of WIPO, the PCT, the TRIPS Agreement and the Paris Convention;

• It is advancing the process of accession to the Hague Agreement;

• Together with Brazil, Chile, Peru, Colombia and other countries, it forms the PROSUR regional cooperation network;

• It cooperates with the European Union Intellectual Property Office (EUIPO) on data interoperability and training;

• It has established patent work-sharing and PPH mechanisms with INPI Brasil.

Trademark system

Application routes

• National trademark applications may be filed directly with INPI Argentina;

• Argentina is not yet a member of the Madrid Protocol, so international protection requires separate national filings with INPI.

Classification standard

• Applies the Nice Classification for goods and services;

• Supports both single-class and multi-class applications (since 2018).

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 8–12 months;

• Opposition period: oppositions may be filed within 30 days from the date of publication.

Use and renewal

• Registration term of 10 years, renewable indefinitely in further 10-year periods;

• Continuous non-use for 5 years may lead to cancellation.

Examination features

• Examination language: Spanish;

• Focus on distinctiveness and conflicts with prior rights;

• An active opposition system allows third parties to oppose during the publication period;

• Since 2019, INPI has implemented an electronic filing system (E-Marcas) for online applications.

Patent system

Types of protection and terms

• Invention patent (Patente de Invención): term of 20 years from the filing date;

• Utility model (Modelo de Utilidad): term of 10 years from the filing date.

Examination mechanism

• Invention patents: a substantive examination system is applied;

• A request for examination must be filed within 3 years from the filing date;

• Average examination time is around 36–48 months.

International routes

• Argentina is a PCT contracting state (since 1997);

• Applicants may enter the Argentine national phase via the international application route;

• Argentina cooperates with Brazil, Chile, Peru and others through the Latin American PPH (PROSUR PPH) accelerated examination mechanism.

System features

• Operates under the first-to-file principle;

• After grant, annual maintenance fees must be paid to keep the patent in force;

• Examination pays close attention to novelty and inventive step;

• Disputes over granted rights may be brought before the Federal Civil and Commercial Courts.

Industrial design protection

Legal basis

• Based on Decree No. 6673/1963 and its amending regulations.

Scope of protection

• The external appearance, shape, lines, textures, patterns and ornamentation of products;

• Includes both industrial and handicraft designs.

Term of protection

• Protection lasts for 5 years from the filing date and may be renewed four times, for a maximum of 25 years.

Examination procedure

• Examination period is around 6–9 months;

• Examination language is Spanish;

• Only formal examination is conducted; creativity is not assessed at this stage.

System features

• A single registration is valid throughout the country;

• Multiple designs can be combined in one application;

• Argentina plans to achieve international design registration by acceding to the Hague Agreement;

• Official electronic platform: E-Diseños / INPI Digital Portal.