Argentina – new rules concerning the certified translation of the priority documents for patent applications
As you may recall, since January 2018 a number of legal and administrative provisions have been issued in Argentina concerning patents, trademarks and designs.
In order to adjust the applicable rules, on September 27, 2018 the Argentine PTO issued Regulation No. 250/2018 setting forth, inter alia, provisions regarding the submission of priority documents, assignments of priority rights and their translations. Subsequently, on October 9, 2018 it issued Circular Letter No. 4/2018, further implementing said Regulation.
Specifically, Regulation No. 250/2018 provides as follows:
- Whenever the Paris Convention priority is invoked, the priority country and date must be declared on the first submission.
- Regarding patent applications the priority document and, where appropriate, the assignment of priority rights need not be filed within three months from the application date, as these papers may be requested by the PTO during the substantive examination, but all other requirements (data concerning country, date and number, and their certified translations), must be filed within that three-month term.
- Failure to comply with these requirements shall cause automatically the loss of the priority claim.
Pursuant to this Regulation, Circular Letter No. 4/2018 provides that for all patent applications filed between January 12, 2018 and October 1, 2018, applicants shall have a non-extendable three-month term beginning on October 1, 2018 to submit the certified translations of the priority documents. Here too failure to do so shall cause automatically the loss of the priority claim.
In sum, the term for filing the certified translation of the priority documents for all patent applications filed between January 12, 2018 and October 1, 2018 will expire on January 1, 2019. We shall send the corresponding notices to our clients and associates on a case-by-case basis. Given the time of the year when this deadline shall expire (the Christmas and New Year’s Day holidays), in those cases where the translations shall be provided by third parties we ask that they be sent to us well ahead of said deadline.
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This newsletter is intended to provide readers with basic information concerning issues of general interest. It does not purport to be comprehensive or to render legal advice. For advice about particular facts and legal issues, the reader should consult legal counsel.