Utility Model Patent Amendment

Author:Moeller IP Advisors
Profession:Moeller IP Advisors
 
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Decree 403/2019

DECTO-2019-403-APN-PTE - Decree Nº 260/1996 Amendment.

City of Buenos Aires, 6/5/2019

BY VIRTUE OF File Nº EX-2018-52897206-APN-DO#INPI of Law Nº 27,444 and Decree Nº 260 dated 20 March, 1996, and

WHEREAS:

That by Decree N° 260/96 the Ordered Text of the Law of Patents of Invention and Utility Models  N° 24,481 was approved, with the amendments of Law N° 24,572, as Annex I.

That, likewise, through the above mentioned decree the Regulation of Law Nº 24,481 was approved, with the amendments introduced by Law Nº 24,572, as Annex II.

That, by Law Nº 27,444 of Simplification and Debureaucratization for the Productive Development of Nation, the amendments to the above mentioned rules were introduced.

That in order to guarantee the meeting with the objectives, it is necessary to fit the existing legal framework to the new approaches and requirements, in order to reduce the burdens on the applicants, to shorten the proceeding terms, to urge the debureaucratization in proceedings and the adoption of new management electronic tools.

That in that order, it is proposed to design a creative and innovating proceeding for the protection by the institute of the utility model, emphasizing the celerity thereof in light of the importance of the protection of innovation for entrepreneurs as well as for Micro, Small and Medium Companies.

That through the present decree, a higher quality of service supply is assured, by establishing transparent and simple proceedings, facilitating the access of public in general to the registration of intangibles, in order to perform remote proceedings before the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INSTITUTO NACIONAL DE LA PROPIEDAD INDUSTRIAL (INPI)), an independent organism within the area of the MINISTRY OF PRODUCTION AND WORK.

That within this framework, it is applicable to amend Annex II of Decree Nº 260 dated 20 March, 1996.

The GENERAL DIRECTION OF LEGAL AFFAIRS of the MINISTRY OF PRODUCTION AND WORK has taken the intervention of its competence.

That the present decree is issued in the exercise of granted responsibilities to the NATIONAL EXECUTIVE POWER by article 99, item 2 of NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINEAN NATION

HEREBY DECREES:

ARTICLE 1°.- To substitute article 12 of Annex II of Decree Nº 260 dated March 20, 1996, by the following:

"ARTICLE 12.- In order to be granted a patent, the applicant must complete, within the terms specified for each case in the Law or in this Regulation, the following information and documentation:

  1. A patent application which should include: 1) An affidavit through which a patent of invention is formally applied for;

    2) Complete name of the applicant or the applicants;

    3) CUIT, CUIL, CDI and nationality of applicant(s), or registration data when the case is of a legal person. In the case of a human person, the data for the identification of the spouse, when applicable;

    4) Real and electronic address of the applicant/s;

    5) Complete name of the inventor or the inventors, as applicable;

    6) Real address of the inventor or the inventors, as applicable;

    7) Title of the invention;

    8) Number of patent (or patent application) for which the filed application is additional (if applicable);

    9) Number of patent application for which the filed application is divisional (if applicable);

    10) When the submission is performed under Law N° 17,011 (PARIS CONVENTION), data of the priority or priorities claimed in patent application: (Country, number and date of filing of foreign application or applications). In the event the applicant does not have the number of foreign priority or...

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