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:
IP Law No. 35 of May 10, 1996 modified by Law N°61 of October 5, 2012 and regulation of July 4, 2017
Types of protection available:
Patent of Invention; Utility Model.
First filing requirements with the local Patent Office for inventions made by nationals:
Formal filing requirements:
- Power of Attorney duly notarized and legalized within 60 days from filing. Possible extension of term. Original copies preferred.
- Assignment document from the inventors duly notarized and legalized within 60 days from filing. Not required if applicant is the same in national phases.
- Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
Filing of the patent application in a foreign language:
Accepted. Belated filing of the Spanish translation is possible within a 60 days term after notification. Unextendable.
Substantive examination must be requested by the applicant:
Substantive examination has to be requested within 2 months from notification.
Search report must be requested by the applicant:
YES, within 120 days as from filing (PCT applications) or 14 months as from priority date (Convention applications). The application will be granted if the modifications of the claims overcome the objections of the examiner.
Observations by third parties:
YES, within 2 months from publication.
Average time from filing to grant:
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
10 years from filing date.
Differences between utility model and patent:
- 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.
Payment for periods of 5 years also during prosecution of the application.
Marking of the product with the application/ patent number:
Only in case of force majeure .
Link to Patent Office: