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On September 19, 2016, the Argentine Patent and
Trademark Office (ARPTO) issued a resolution that will allow patent
applicants the option to request accelerated examination of a
patent application.
New resolution 56/2016, based on prior Resolutions ARPTO N°
P-263/03 e INPI N° P-125/09, instructs the National
Patent Administration (ANP) to consider as approved the
requirements of section 4 of law 24.481 (T.O. 1996) regarding
absolute novelty, inventive activity and industrial application and
consider as done the international search of antecedents when
the priority invoked under the terms of section 4 A1 of the Paris
Convention has been granted by a foreign Office having
similar patentability standards and provided the
application complies with the Argentine Law.
The same applies when no priority has been invoked but proof is
provided that a patent has been granted for the same invention
after the date of filing the application in Argentina, and
published after the date of filing the application in
Argentina.
The basic conditions to be met by an application in order to be
eligible for granting under this Resolution are:
The scope of the claims of the
application filed in Argentina should be identical to or narrower
than that of the selected foreign patent and, as of the filing date
in Argentina, there should be no Argentine prior art documents, and
no foreign prior art documents in the case of applications
not claiming any priority.
The subject matter claimed in the
local patent application should not fall under the patentability
exclusions established in the Argentine Law.
The novelty of this Resolution, as compared to previous
rules, is that now the owner of a pending patent application may
voluntarily submit, prior to the substantive examination report, a
petition for the application of this Resolution to the case on
file. To this end, Applicant should accompany the adjusted claims
with a copy of the claims of the granted patent, with its
corresponding translation into Spanish. The petition for
application of this resolution will be made by means of a special
Form. The Argentine Patent Office is required to issue its decision
within 60 days of filing of said petition.
The benefit of invoking this new Resolution is that
Applicants waiting for substantive examination of an application
may have the ARPTO issue a decision within 60 days.
Resolution 56/2016 will enter into force on October 15,
2016.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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