Patent acceleration in Argentina: No PPH agreements in force right now.

September 2022

Currently, the INPI of Argentina does not offer PPH (Patent Prosecution Highway) agreements in force with other offices, as it had with the offices belonging to PROSUR, which includes the countries of Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, Costa Rica, El Salvador, Nicaragua, Panama, Dominican Republic, since its validity of 3 years plus one year of extension ended in September 2020; the one with the Japan Patent Office ended on December 31, 2021; the one with the USPTO ended March 2, 2020; the agreement with the Danish Patent and Trademark Office was valid until March 2022; and finally the agreement with the National Intellectual Property Administration of China finalized on September 1, 2021.

The INPI of Argentina offers as the only alternative to accelerate protection processes through the patent system the Priority Patent Examination Program (PEP), created by INPI Resolution No. 112/2019, modified by INPI Resolution No. 186/2021. Although it was contemplated that the PEP Program would last 3 years, through Resolution 186/2021 it was established permanently.

The PEP makes it possible to speed up the substantive study of the requests so that they can begin to be analyzed within sixty (60) calendar days from the presentation of the corresponding form.

The requirements to access the PEP are the following:

a) the first regular deposit has been made in the Argentine Republic;

b) the patent application must have been published in the INPI Patent Bulletin;

c) that the third-party observation period has expired;

d) have paid the substantive examination fee for the application being processed;

e) the substantive examination of the pending application has not been carried out;

f) that another accelerated procedure has not been required for the same application.

Finally, the PEP form is submitted within the pending patent application, the result of a fee-based background search (national and international) carried out by the Technological Information area of the INPI must algo be filed, as well as a sworn statement informing that the invention has not been presented in another patent office prior to the presentation in the INPI of Argentina. Finally, in case of being the applicant an SME, the certificate that certifies that condition has to be submitted as well.

The PEP implies no fee, and only the background search must be paid with a fee of $3,000 pesos (approximately US$22).

We will keep you informed in the event of the signing of new PPH agreements between INPI Argentina and other patent offices.

Pablo Gramajo

Image: Sheldon Kennedy on Unsplash