New Resolution from INPI: Measures to Streamline Patent Procedures

New Resolution from INPI: Measures to Streamline Patent Procedures

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Yesterday, August 26, 2024, Resolution 364/2024 from the National Institute of Industrial Property (INPI) has been published in the Official Bulletin, introducing a significant addition in patent application processes in Argentina.

What does the resolution establish?

  • The National Patent Administration will require the holders or legal representatives of pending applications that have invoked priority under Article 4 A 1 of the Paris Convention (Law No. 17.011) to inform within a period of SIXTY (60) calendar days whether the priority has been granted in the country of origin.
  • This requirement will apply regardless of whether the examination fee has been paid and independently of the status of the application.
  • Patent applicants or their legal representatives will be notified through the Patent Notification Bulletin.
  • Once the deadline for compliance has passed without a response, the application will be considered abandoned, and the National Patent Administration will issue an administrative act declaring the abandonment of applications that have not complied with the requirement.

In a context where the INPI is analyzing patent applications submitted in 2021 and facing a reduction in staff, this provision aims to accelerate the patent granting process, ensuring continuity for applicants who demonstrate genuine interest, thereby benefiting both the applicants and the system as a whole.

About Marta Z

Marta works closely with Team Lerman & Szlak, specializing in online content.

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