Accelerated Examination System Under Resolution 56/2016 in Argentina

Outline of Resolution 56/2016

Under Resolution 56/2016 that was issued in 2016 (Res.56/2016) in Argentina, applicants can use a system to acquire patent rights at an earlier date for patent applications filed in Argentina.

Specifically, when patent rights are granted for applications filed at foreign IP offices, including the Japan Patent Office (JPO), corresponding applications filed at the National Institute of Industrial Property of Argentina (INPI-Argentina) can undergo accelerated examinations under this system in order to acquire patent rights at a faster rate.

Through this system, applicants can also acquire accelerated patent rights in Argentina that are identical with those registered in Japan.

Major Points of Accelerated Examination System Under Res.56/2016

For patent applications filed in Argentina, which are eligible for Res. 56/2016, the INPI-Argentina will issue notices of its examination results without further substantial examination of patentability requirements, such as novelty, inventive step, and industrial applicability, within 60 days from the dates on which the patent applications were filed.

Filing Procedures for the Accelerated Examination System Under Res. 56/2016

When requesting accelerated examination under Res.56/2016, applicants must submit the following: (1) evidence certifying that claims in applications filed in Argentina are identical to those for which patent rights were granted at foreign IP offices, and (2) their translations. Fees in the amount of 9,840 Argentinian pesos must also be paid to INPI-Argentina (as of December 2021).

Even when applicants do not voluntarily request accelerated examination under Res.56/2016, INPI-Argentina sends notices in some cases to encourage applicants to use the system under Res.56/2016 when conducting substantive examinations. In such cases, applicants can request accelerated examinations under Res.56/2016 in accordance with the notices.

Nonetheless, since there is a possibility that some details of the system could change, such as how to file applications and fee amounts, please be advised to check the latest information in “Resolution 26/2016 of INPI-Argentina” (Original text in Spanish). (External link to INPI-Argentina)

Links

Resolution 56/2016 of INPI-Argentina (Original text in Spanish) (External link)
* For the Japanese translation, please refer to “Resolution 56/2016 (Provisional Japanese translation).”
* For the English translation, please refer to “Resolution 56/2016 (English translation)” (External link)（PDF：100KB）.

[Last updated 16 February 2024]

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