LAURITSEN & ASOCIADOS - PATENTS AND MODELS – FAQ’s (FREQUENTLY ASKED QUESTIONS)
WHAT IS AN INVENTION?
It is a solution to a technical problem. The inventor knows about a problem and finds the way of solving it in a new way. It could be a new product, procedure, or already known elements joined in a new way thus providing a different result.
WHAT IS AN INVENTION PATENT?
It is a title granted by the State through the INPI. This title gives the inventor the ownership over his or her invention, and the exclusive right to use it for 20 years (without renewal)
WHAT ARE THE REQUIREMENTS FOR AN INVENTION TO BE PATENTED?
1) It must be completely new. This means that no similar invention should be registered or used all over the world.
2) It must have creative merit, which means that it is not an obvious solution for a person with low professional qualifications in the field.
3) It must have an industrial use, which means that mass production has to be possible.
WHAT THINGS CANNOT BE PATENTED?
1) Inventions that do not fulfill the previous requirements.
2) Plans for economic-commercial-advertising activities
3) Methods for diagnostic or surgical treatments.
4) Already known elements joined in a different way not providing a different result. The mix of already known elements.
5) Literary or aesthetics works (protected under copyrights)
Another exclusions stated on section 6 and 7 from 24.481 law
HOW LONG DOES THE REGISTRATION OF A PATENT TAKE?
The concession of patents takes 4 to 6 years, taking priority from the beginning of the process.
WHAT IS A PRACTICAL UTILITY MODEL?
It is any new way applied to a product that gives it a special function.
WHAT ARE THE REQUIREMENTS FOR A PRACTICAL UTILITY MODEL TO BE PATENTED?
1) It must be relatively new. This means that no similar invention should be registered or used at least in Argentina
2) It must have an industrial use, which means that mass production has to be possible.
HOW LONG DOES THE REGISTRATION OF A PRACTICAL UTILITY MODEL TAKE?
The concession of patents takes 2 to 3 years, taking priority from the beginning of the process.
WHAT HAPPENS IF MY PATENT OR MODEL HAS ALREADY BEEN SHOWN IN AN EXHIBITION?
As long as it has not been commercialized, you have 1 year to protect your patent or model.
HOW LONG WILL BE VALID?
The patent will remain in effect for 20 years, from the beginning of the process.
The practical utility model will remain in effect for 10 years, from the beginning of the process.
In both cases annual payments are necessary to keep the patent or model.
WHERE WILL THE PATENT OR MODEL BE VALID?
They will be valid in Argentina. There is a 1 year period to register them in other countries, taking priority.
CAN I LICENSE MY PATENT OR PRACTICAL UTILITY MODEL?
Of course, You can license the use of your patent or practical utility model charging royalties or a fixed amount, depending on the situation.
WHAT HAPPENS IF UNAUTHORIZED PEOPLE USE MY PATENT OR PRACTICAL UTILITY MODEL?
These people should be notified to stop using it. Besides, you should bring an action for damages against them.
CAN MY PATENT OR PRACTICAL UTILITY MODEL BE FORFEIT?
Yes, in case you do not meet the annual payments, or if the patent or model is not used for two years denying to license them to other people.
HOW LONG DOES THE REGISTRATION OF A UTILITY MODEL TAKE?
From 2 to 4 years, taking priority from the beginning of the process.
WHAT ARE THE ADVANTAGES OF INSTRUCTING AN INDUSTRIAL PROPERTY AGENT TO DO THE REGISTRATION?
We take the patent on custody which means that we will keep you informed when other similar inventions are intended to be registered, in order to prevent that to happen. Furthermore, we will informe you about annual payments deadlines in order to keep the validity of your patent, as well as any legal change or new regulations.
LAURITSEN & ASSOCIATED. INDUSTRIAL PROPERTY AGENTS. TRADEMARKS, PATENTS, MODELS. LAWYERS © 2015
SANTIAGO DEL ESTERO 345 6º. C1075AAG. BUENOS AIRES. ARGENTINA. TEL (+54 11) 5277-7000
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