Argentina

Resolution P-125/2009: Speed up of granting procedure of patent applications.

The Argentine Patent Office has issued Resolution P-125/2009, which extends the provisions of Resolution P-263/2009 to all patent applications filed up to May 22, 2009, for which the examination procedure has not been started.

The purpose of Resolution P-263/2003 is to speed up the granting procedure of those patent applications for which an equivalent patent has been granted by a foreign patent office that follows similar patentability and examination criteria to those that are in force in Argentina with the proviso that

• there are no national documents affecting their patentability


• the claimed objects are considered patentable


• the scope of the Argentine application is not broader than the scope of the foreign patent

Argentine patent applications will still have to wait their turn to be examined but once examination is started, the fact of having declared the existence of a foreign corresponding patent will speed up the granting procedure.

It must be pointed out that although it is not indicated which foreign patents are preferred, according to our experience we are able to inform you that patents granted by the European Patent Office and the US Patent and Trademark Office are the most preferred by the Argentine Patent Office.

Gabriela Hanak, Head of Patent Department at Moeller IP Advisors.


05.2009