Application for registration

Utility model patents shall be granted for any object, utensil, device or tool which are susceptible of industrial application and are new.

The number of independent, dependent and multi-dependent claims is not limited provided there is unity of invention and it does not affect application costs.

Priority must be claimed when filing the application and it is necessary to specify the date, application number and country where the original application was filed at the moment of filing. The certify copy of the application may be filed within three months after filing and it should be translated into Spanish language.

The documents and information needed for filing an application are the following:

- Applicants' name.
- Applicants' address.
- Inventors' name.
- Inventors' address.
- Title of the invention.
- Patent specification, claims and drawings in Spanish language.
- Abstract.
- Certified priority document and its Spanish translation.
- Details of claiming priority.
- POA.
- Dead of Inventors' Assignment (DOA).

National phase of a PCT application should be filed on or before the term of 30 months from priority date. In case of PCT applications the certified priority document is not needed and the application may be filed in any PCT language provided the Spanish translation is submitted within 60 days paying a late filing surcharge.

The DOA and POA do not require legalization but they must be executed by the power grantor and by two witnesses (and the inventors in DOA case), mentioning their names and domiciles. If the applicant is a company it must be indicated the Corporation Resolution, its date and place of execution, whereby the signer was given authority to grant Powers of Attorney. The original POA and DOA may be filed latter provided a surcharge is paid.

Although the priority document, the POA and the DOA might be filed at a later stage, it is recommended to file all documents with the application to avoid delays in the registration process and additional cost.

Examination

The examination of the application is made automatically. It is requested and paid upon filing. Utility model applications are not published. The law does not provide for opposition proceedings.

During formal and substantive examination one or two Official Actions may arise. The term to reply the Official Actions is two months from the notification date extendable for another two months provided an extension of term fee is paid.

A utility model application may be converted into a patent application or an industrial model application within a period of three months from the application date or within the period of three months following the date the Office requires the applicant to convert the application.

Unity of invention is required. If the utility model application does not fulfil this requirement a divisional application may be filed. If the filing of a divisional application is requested by the Office the time limit to file it is two months from the Office's action notification date. A voluntary divisional application may be filed at any time before a notice of allowance is issued.

The approximate time from the application to registration is between 10-12 months provided all documents were filed at the moment of filling and no objection was issued during the examination. The patent is published after being granted. The lifetime of a patent is 10 years from the application date.

Cancellation actions and appeals

Cancellation proceedings can be initiated by any interested party before the Office against a patent that has been registered contrary to the grounds specified in the law, for example, unpatentable inventions, unclarity, in case of errors or if the patent was granted to a person different to the actual owner, etc.

Office's final decisions may be appealed before the Office (administrative appeal) in a term of 30 days from the decision's notification date. An appeal against a final decision in an administrative appeal proceeding must be filed with the Federal Court of Administrative and Tax Justice (FCATJ) within 15 days from receipt of the notice.