Presidential Decree for Red Tape Reduction and Simplification – Industrial Property Reform in Argentina
Further to our previous report regarding Debureaucratization and Simplification Presidential Decree No. 27/2018 , INPI has issued Regulation P-001 which introduces some details and clarifications to the new rule
- Administrative resolution of oppositions: Any oppositions not voluntarily withdrawn by the opponent within 3 months from notice, shall be decided upon by the Trademark Office by a procedure that is still to be established.
The time limits applied to already notified oppositions (a period of one-year according to the previous rule) remain valid. Any oppositions not notified up to the present date will fall under the new terms.
- Office Decides on Lapsing and Nullity of Trademarks: The Trademark Office will have the power to decide, within the administrative stage, the nullity or lapsing of trademarks, either ex-officio or by request of a third party. Administrative decisions will be appealable before the relevant courts.
- Partial Trademark Lapsing: The Trademark Office may decide the partial lapsing of a trademark for lack of use. Decisions may be appealed at Court within 30 days of notification
- Declaration of Use of Mark: Upon completion of the fifth year of registration of a trademark, the applicant must submit an affidavit regarding use up to that moment. However, regulations establishing the procedure to be followed are still to be issued.
- Multiclass System: It seems that the multiclass filing system will be adopted. However, it is still to be regulated.
Industrial Models and Designs:
- Handcrafted designs included: Models now include not only industrial products but also handcrafted ones.
- Filing of multiple applications and divisional applications: Applicants may file up to 20 models or designs in a single application as long as all of them are applied to or incorporated into products that belong to the same class. The Office may require the division of a single application into two or more divisional applications as considered appropriate. Any divisional applications will retain the filing date of the original application as well as its invoked priority date.
- Filing requirements for designs: Filing of a description of the model or design is now optional.
- Renewal and grace period: They may be renewed within 6 months prior to expiration, or, for an additional fee, within a 6-month grace period after expiration.
- Appeal in case of rejection: It is necessary to exhaust the administrative stage (through a request for reconsideration and/or a petition before a higher administrative authority) before enabling a judicial appeal.
- Publication: All registrations, renewals, assignments and cancellations of models and industrial designs will be published. However, it is now possible to defer publication for a period of 6 months.
Patents and Utility Models:
- Priority Documents: Any priorities must necessarily be invoked at the time of filing an Application, but the filing of the priority documents (along with their sworn translation) is no longer required at the time of filing. However the Examiner may request them during substantive examination, at his/her own discretion. The Spanish translation is still a compulsory requirement at the time of filing the application.
- Assignment of Priority Rights: If applicable, it can be filed along with the application but not later than 30 calendar days from local filing. The Assignment document must be dated prior to the filing date in Argentina. An electronic copy will suffice.
- Filing requirements and deadlines: If all formal requierements have not been complied with within 30 calendar days from filing, the application will be rejected without further processing.
- Amendment of certain time limits:
- Conversion of Patent into Utility Model and vice versa: 30 calendar days from the filing date of the application; or within 30 calendar days from a Patent Office requirement.
- Response to preliminary examination: The Office will perform a preliminary examination and may require any necessary details or clarifications, or amendments intended to solve errors or ommisions. Lack of response within a term of 30 calendar days will imply abandonment of the Application.
- Substantive Examination Fee: Payment must be made within 18 months from the filing date of the application.
- Utility Models:
- Substantive Examination Fee: To be paid within 3 months from filing of the Application.
- Publication of Models: Upon approval of the examination, the application will be published.
- Objections: Any third party may file objections to a model application within 30 calendar days of its publication.
The Presidential Decree was formally effective since January 12, 2018; however, some procedures are still pending of regulation approval.
If you are interested in receiving further information and advice on the provisions and scope of this rule, please do not hesitate to contact Martín Bechara Arcuri (firstname.lastname@example.org).