Argentina: President Macri signed Decree 403/2019 modifying patent prosecution

On 5 June 2019, Argentinian president Mauricio Macri signed Decree 403/2019 modifying Annex II of Decree 260/1996, which regulates Patents and Utility Models.

The Decree will become effective on August 2019 and aims to implement fast and effective prosecution. Regarding the new procedures, the following changes are highlighted:

  • Priority claims will have the effects of an affidavit. If the Patent Office requires them during substantive examination, the applicant must file them online and, if necessary, submit translations thereof.
  • For Utility Models, the applicant must file the priority claim and the assignment document, if any, within three months from the filing date.
  • Novelty will not be affected if the applicant publicly discloses the Utility Model within twelve months before the application.