Best Patent Lawyers in Córdoba

About Patent Law in Córdoba, Argentina

Patent rights in Argentina are established at the national level and apply equally in all provinces, including Córdoba. The national authority that administers patent filings, examinations and grants is the Instituto Nacional de la Propiedad Industrial - INPI. A patent grants its owner the exclusive right to exploit an invention for a limited period, subject to meeting legal requirements such as novelty, inventive step and industrial application. Because patents are national rights, you file with INPI rather than with a provincial office in Córdoba. However, inventors, businesses and law firms located in Córdoba will handle filings, prosecution and enforcement activities locally.

Why You May Need a Lawyer

Patents are technical and legal instruments. A specialized patent lawyer or a registered patent agent can help in many common situations:

- Preparing and drafting a patent application so the claims reflect commercial goals and survive examination. Poor drafting can weaken protection or make enforcement difficult.

- Conducting and interpreting prior art searches to assess novelty and inventive step before filing, and advising on whether seeking patent protection is a good investment.

- Choosing filing strategy - national filing, filing via the Patent Cooperation Treaty national phase, or using priority claims - and coordinating international filings if you plan to protect the invention outside Argentina.

- Responding to office actions and rejections from INPI, where technical arguments and claim amendments are often needed.

- Enforcing or defending patent rights - bringing court actions for infringement, defending against invalidity claims, or negotiating licenses and settlements.

- Managing post-grant obligations such as annuity payments, assignments, licenses, and challenges to validity.

Local Laws Overview

Key points about patent law and practice that are particularly relevant if you are in Córdoba:

- National system - Patents are governed by Argentine patent law and administered by INPI. Provincial courts may be involved in enforcement, but substantive patent law is national.

- Patentability criteria - To be patentable, an invention generally must be new, involve an inventive step and be susceptible of industrial application. Certain subject matter may be excluded or treated specially, such as discoveries, scientific theories, mathematical methods, and software as such.

- Term - Invention patents typically provide exclusive rights for a limited term measured from filing. For most types of patents the maximum term is 20 years from the filing date.

- Priority rights and international routes - Argentina is a member of the Paris Convention and the Patent Cooperation Treaty. This allows you to claim a 12-month priority from a first filing and to enter the national phase from an international PCT application within the applicable deadline.

- Examination and publication - Applications are generally published during prosecution and undergo substantive examination. Third-party observations are possible during prosecution and there are administrative and judicial remedies to challenge grants.

- Utility models - Argentina also recognizes utility models for incremental technical improvements. These have different requirements and shorter terms than invention patents.

- Representation - Foreign applicants commonly use a locally registered patent attorney or agent to prosecute applications before INPI. Local counsel can also assist with enforcement and interactions with courts, customs and regulators in Córdoba.

Frequently Asked Questions

What types of inventions can be patented in Argentina?

Generally, technical inventions that are new, involve an inventive step and are industrially applicable can be patented. Exclusions typically include discoveries, abstract theories, mathematical methods, and computer programs per se. Certain biotechnological inventions and plant varieties are treated under specific rules.

How long does patent protection last?

Invention patents usually provide exclusive rights for a period measured from the filing date. The standard maximum term is 20 years from filing. Utility models and other forms of protection have shorter terms. Maintenance fees must be paid to keep a patent in force.

How long does it take to get a patent grant?

Timelines vary widely depending on the technical field, complexity, and INPI workload. Prosecution can take several years from filing to grant. Applicants may accelerate some steps or request expedited procedures in specific circumstances, but typical prosecution often takes multiple years.

Do I need a local lawyer or patent agent to file in Argentina?

Domestic applicants can file directly, but most applicants, especially foreign applicants, use a registered patent attorney or agent to handle filings, prosecution and communications with INPI. Local counsel is strongly recommended for complex matters and enforcement.

Can software be patented in Argentina?

Pure software or programs as such are generally not patentable. However, inventions that include software as part of a technical solution or that produce a technical effect may be considered patentable. The boundary can be nuanced, so a technical analysis and careful drafting are important.

What is the priority period if I want to file abroad after my Argentine filing?

Argentina is a Paris Convention member. You have a 12-month priority period from your first filing to file corresponding patent applications in other Paris Convention countries or to file an international PCT application claiming that priority.

Can I use the PCT route to enter Argentina?

Yes. Argentina is a PCT contracting state. You can file an international PCT application and later enter the national phase in Argentina within the applicable PCT deadline. Timing and procedural requirements must be observed when entering the national phase at INPI.

How much does it cost to obtain and maintain a patent?

Costs include official filing and examination fees, professional fees for drafting and prosecution, translation costs if needed, and ongoing maintenance or annuity fees. Total costs depend on the complexity of the application, whether you seek protection outside Argentina, and how long prosecution takes. Expect a range from a few thousand to many thousands of US dollars when professional services and maintenance over the life of the patent are included.

What are my enforcement options in Córdoba if someone infringes my patent?

Patent enforcement is typically pursued through the national court system. Remedies can include injunctions to stop infringing acts, damages, and seizure of infringing goods. Customs and administrative measures may also be available to prevent importation of infringing products. Local counsel can help evaluate the best enforcement strategy in Córdoba and nationwide.

What should I do first if I have an invention and want protection?

Key first steps are to document the invention carefully, keep confidential records, and consider a prior art search to assess patentability. Contact a patent attorney or agent to evaluate whether to file a patent application, what kind of protection suits your business goals, and to draft and file the application with INPI or to prepare an international filing if needed.

Additional Resources

When seeking further information or help, these organizations and resources can be useful:

- Instituto Nacional de la Propiedad Industrial - INPI. The national authority responsible for patents and other industrial property rights in Argentina.

- World Intellectual Property Organization - WIPO. For guidance on the PCT system and international filing strategies.

- Local patent and IP firms or registered Agentes de la Propiedad Industrial based in Córdoba or Buenos Aires. These professionals handle prosecution before INPI and provide enforcement support.

- Universidad Nacional de Córdoba technology transfer offices and innovation centers. They can assist inventors affiliated with academic institutions.

- Colegio de Abogados de Córdoba. For referrals to lawyers experienced in IP litigation and commercial law in Córdoba.

- Dirección General de Aduanas and other customs authorities for information on customs measures against infringing imports.

Next Steps

If you need legal assistance with patents in Córdoba, consider the following practical steps:

- Prepare a clear written disclosure of your invention including dates, inventors, and supporting documents or prototypes. Maintain confidentiality until you file if you want patent protection.

- Schedule a consultation with a patent attorney or a registered patent agent experienced with INPI practice and with cases from Córdoba. Ask about their experience in your technical field, fee structure and typical timelines.

- Consider commissioning a prior art search and a patentability opinion to make an informed decision about filing.

- Decide on filing strategy - national filing in Argentina, PCT international filing, or direct foreign filings - based on your commercial markets and budget.

- Keep records of assignments, development milestones and commercial use, since these are useful for enforcement and licensing later.

This guide is informational and does not replace personalized legal advice. For action on a specific matter, consult a qualified patent lawyer or registered patent agent familiar with Argentine practice and with experience serving clients in Córdoba.