Argentina (AR) |
| Read term notes | |
| Current term: | 20 Years |
| From: | Date of Filing |
| Discontinuity Dates: | Yes (29/09/1995) |
| Term Notes: | It is said that only applications filed after 29/09/1995 will benefit from the new 20-year term, under Art. 36 of Law 24,481. The previous patent term was up to 15 years from Grant. |
| Extension Possible: | No |
| Member of PCT: | No |
| Region: | None |
| Country Notes: | At the meetings of the WIPO Governing Bodies (25/09/1995-03/10/1995), Argentina indicated that accession to the PCT was under consideration. |
| Current Law: | Law 24,481 (modified by Law No. 24,572, Decree 260/96) |
| Effective From: | 22/03/1996 |
| Current Rules: | Regulatory Decree 260/96 |
| Effective From: | 20/03/1996 |
| Law Notes: | In March 1995, Patent Law 24,481 replaced Patent Act No.111 of 11/10/1864. The previous patent term of 15 years from Grant was replaced by a patent term of 20 years from Filing. However, passing of the new law was followed by a significant amount of legislative activity, including regulatory decrees and corrective laws which exhibited varying degrees of compliance with GATT-TRIPS. Law No. 24,572 Decree No. 260/96 was then issued 20/03/1996 to regulate Patent Law 24,481 which was published 22/03/1996. Under the terms of the new law, pharmaceutical patents are allowed although a 5-year transition period means that pharmaceutical product patents will not be issued until 2001. Discussions have since been re-opened in Argentina regarding the extent of compliance with the ratified multilateral WTO/TRIPS Agreement.
07/04/2004 UPDATE: As of December 2003, amendments to the Patent Law include protection for products obtained by a patented process, additional requirements to obtain preliminary injunctions and, in infringement cases, the shifting of the burden of proof. |
| Database Coverage | |
| Derwent WPI: | No |
| INPADOC: | Yes From 08/02/1973 All Technologies (All Technologies) |