Types of protection

Patent: A patent gives the inventor the exclusive right to prevent third parties from manufacturing, using, offering for sale, selling or importing the patented product or process. In order to qualify for a grant, a patent must meet the three requirements of patentability -- novelty, inventive step and industrial application. Patents are granted for a term of 20 years.

Utility Model: A Utility Model must only meet two requirements for patentability: novelty and industrial application. A utility model is granted only to an arrangement or form obtained or introduced in tools, work instruments, utensils , devices or known objects that lend themselves to practical work, as a better use in the function for which they are intended. A Utility Model is granted for 10 years and costs less than a patent.

Industrial Model: The industrial design of the model is regulated in Argentina by Decree-Law No. 6673/63. This law states that the design applies to the ornamental aspect of an industrial product. It refers to objects whose design is purely aesthetic rather than functional. Unlike patents and utility models, which require a mandatory background search and may be granted only once for 20 and 10 years, respectively, the model and industrial designs are recorded (no search required) and are granted for five years. They can be renewed for two consecutive periods of the same duration.¹

Convention and treaty membership

Argentina is not a member of the PCT. It became a member of the Paris Convention in October 1967 and is a signatory of other treaties and conventions including, but not limited to the following:

• Paris Convention
• World Intellectual Property Organization (WIPO)
• International Convention for the Protection of New Varieties of Plants²