WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
Patent Law in force:
Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020
Types of protection available:
Patent of Invention; Utility Model.
Formal filing requirements:
- Power of Attorney merely signed (no legalization required) within 60 days from office action. Possible extension of term.
- Assignment document from the inventors merely signed (no legalization required) within 60 days from office action (not required for entry into national phase of PCT applications). Possible extension of term.
- Digital copy or certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available). DAS system is available.
- Sequence listings must be filed in WIPO Standard ST.26 format.
Filing of the patent application in a foreign language:
Possible. Late submission of the Spanish translation is possible within 60 days from office action. Possible extension of term.
Substantive examination must be requested by the applicant:
NO
Search report must be requested by the applicant:
NO
Observations by third parties:
YES, within 2 months from publication.
Opposition:
NO
Average time from filing to grant:
3 years
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
15 years from filing date.
Differences between utility model and patent:
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Maintenance:
Payment for periods of 5 years after grant.
Compulsory licensing:
YES
Link to Patent Office:
