Argentina is one of the few countries that is not yet a member of the Patent Cooperation Treaty (PCT), and consequently, an application made abroad cannot be submitted through this way.
This issue generates many inquires and, unfortunately very often, results in the loss of opportunities or rights for applicants because, when national phases are filed, it is already too late for Argentina.
Our country follows an absolute novelty system in accordance with the Paris Agreement and, therefore, if the subject matter of the invention has not been disclosed, it may be possible to obtain protection through a patent.
In relation to priority rights and novelty requirements, please note the following:
· If your client application was filed less than twelve months ago, it can be filed claiming the priority (either a PCT or a national/provisional application), according to Paris Convention.
· If your client´s PCT application was filed more than twelve months ago but has not been published yet and novelty has not been harmed in any manner, then the application can be filed, without invoking priority rights.
· If your client´s PCT application was filed more than twelve months ago, and it has already been published, it is pointless to file the application in Argentina since novelty has already been harmed by said publication.
We truly hope this information becomes in handy and may help you avoid any inconvenience with your clients.
Should you have any further doubts or questions in relation to this issue, please do not hesitate to contact us at patents@palacio.com.ar
