Best Patent Lawyers in San Justo

About Patent Law in San Justo, Argentina

Patents in San Justo are governed by the national patent system of Argentina. Patent applications are filed and examined through the National Institute of Industrial Property - INPI - which is based in Buenos Aires and administers patent rights for the whole country, including San Justo and the province of Buenos Aires. A patent grants the holder the exclusive right to make, use, sell and import the claimed invention in Argentina for a limited period, subject to compliance with national requirements.

Although filings and prosecution happen at the national level, applicants and right holders in San Justo will commonly work with local patent attorneys or agents who can handle filings, coordinate with INPI, advise on local enforcement, and represent the client before Argentine authorities and courts when needed.

Why You May Need a Lawyer

Patents are technical and legal documents. A patent lawyer or registered patent agent helps in several common situations:

- Drafting and filing applications so claims are clear, focused and enforceable

- Performing prior art searches and freedom-to-operate assessments to reduce the risk of rejection or later infringement disputes

- Managing priority claims, PCT national phase entries, and coordinating foreign filings

- Responding to office actions from INPI, including arguing patentability and amending claims

- Handling oppositions, third-party observations and reexamination requests

- Negotiating, drafting and reviewing licensing, assignment and confidentiality agreements

- Enforcing patent rights through cease-and-desist letters, requesting medidas cautelares - precautionary measures - and pursuing infringement litigation in Argentine courts

- Advising on ownership issues such as employee inventions, collaborations and transfers of rights

Local Laws Overview

Key aspects of the Argentine patent framework relevant to applicants and right holders in San Justo include:

- National administration: Patents are examined and granted by INPI. All procedural steps for prosecution are handled through INPI, following national regulations that implement international treaties.

- International treaties: Argentina is a member of the Paris Convention and a contracting state to the Patent Cooperation Treaty - PCT. These treaties allow applicants to claim priority and to enter the Argentine national phase from an international application.

- Patentability requirements: Generally an invention must be novel, involve an inventive step - non-obviousness - and be industrially applicable. Subject-matter exclusions exist in practice, for example certain diagnostic, therapeutic and surgical methods are excluded and abstract ideas or mere discoveries are not patentable.

- Term and maintenance: Patent term is counted from the filing date and typically lasts up to 20 years for patents, subject to timely payment of maintenance fees. Annual fees must be paid to keep the patent in force.

- Local representation: Foreign applicants usually must appoint a local agent or attorney to act before INPI. All official communications are in Spanish, so translations are needed.

- Enforcement: Patent enforcement is civil in nature and typically handled through national civil and commercial courts. Right holders can seek preliminary injunctions - medidas cautelares - to stop infringing activity quickly, but courts may require evidence and security deposits. Customs measures and criminal penalties may be available in cases of counterfeiting and illicit trade.

- Administrative procedures: Third parties may file observations or oppositions during prosecution or use other administrative remedies. Procedural deadlines are strictly applied, so missing a response can lead to abandonment.

Frequently Asked Questions

What is a patent and what does it protect?

A patent is a government-granted exclusionary right over a technical invention. It allows the patent owner to prevent others from making, using, selling or importing the claimed invention without permission. Patents protect technical solutions - devices, processes, machines, compositions and sometimes improvements to existing technology - provided they meet patentability criteria.

How long does it take to get a patent in Argentina?

Time to grant varies. Substantive examination and backlog can make the process take several years - often five years or longer from filing to grant. The timeline depends on the complexity of the application, the need for office-action responses and INPI workload. Applicants can request expedited procedures in certain cases, but these are limited.

Do I need a local attorney in San Justo to file a patent?

Yes. For filings before INPI, foreign applicants generally must be represented by a registered local agent or patent attorney. A local attorney will prepare and file the application, handle communications with INPI, and represent you in any administrative or judicial proceedings in Argentina.

Can I claim priority from a foreign filing?

Yes. Argentina recognizes priority under the Paris Convention. You typically have 12 months from your first filing date to file an Argentine application claiming that priority. If you used the PCT route, you must enter the Argentine national phase within the applicable PCT time limit, generally 30 months from the earliest priority date.

What kinds of inventions are not patentable in Argentina?

While Argentina follows general patentability standards, certain subject matter may be excluded or restricted. Examples include scientific theories, abstract ideas, mere discoveries, some diagnostic and therapeutic methods, and inventions contrary to public order or morality. Biological materials and biotech inventions may be patentable under specific conditions; these areas are complex and require specialized advice.

How much does filing and prosecuting a patent cost?

Costs vary widely. Official fees at INPI are one component, but attorney fees for drafting, prosecution, prior art searches, translations and any foreign-phase entries often make up the bulk of expenses. Expect to budget for initial filing and then annual maintenance fees over the life of the patent. Ask a local attorney for a written cost estimate tailored to your case.

What should I do if I discover someone infringing my patent in San Justo?

First, document the infringement carefully - photographs, samples, purchase records and dates. Contact a local patent attorney to evaluate the strength of your rights and consider sending a cease-and-desist letter. If necessary, seek medidas cautelares - preliminary injunctions - to stop ongoing infringement and preserve evidence, and prepare a civil action for infringement. Customs actions can also be useful if infringing goods are imported.

Can I file a provisional or temporary application in Argentina?

Argentina does not have a formal provisional patent system identical to some other jurisdictions. Applicants often file an initial national application or use a foreign provisional or PCT filing to establish priority, then enter Argentina within the priority period. Consult a local patent attorney for the best priority strategy for your invention.

How do PCT applications work for Argentine protection?

You can file an international PCT application and then enter the Argentine national phase within the PCT time limits, normally 30 months from the priority date. Entering the national phase requires translation into Spanish and appointment of a local agent. The PCT route helps coordinate international filings while deferring national prosecution and certain costs.

What about licensing, selling or assigning a patent in Argentina?

Patents in Argentina can be licensed, assigned or otherwise transferred. Agreements should be in writing and may be registered with INPI to ensure the public record reflects ownership changes. Local counsel can draft or review licensing and assignment contracts and advise on tax and registration implications.

Additional Resources

Helpful institutions and resources for patent matters in San Justo and Argentina include:

- National Institute of Industrial Property - INPI - the national patent office responsible for filings, examination and registration of patents in Argentina

- World Intellectual Property Organization - WIPO - for information on PCT procedures and international patent tools

- INPI public patent database and other patent search tools such as Espacenet and PATENTSCOPE for prior art searches

- Local patent and trademark attorneys registered to practice before INPI - for filing, prosecution and enforcement

- Local bar associations and the Colegio de Abogados de La Matanza - for referrals to attorneys based in San Justo and surrounding areas

- Argentine customs and enforcement authorities - for assistance with seizures of counterfeit or infringing imports

Next Steps

If you need legal assistance for patents in San Justo, consider these practical next steps:

- Prepare a short invention disclosure that explains what the invention does, how it is made and why it is different from existing solutions. Include dates and any public disclosures.

- Arrange a consultation with a local patent attorney or registered agent experienced in your technology area. Ask for a written scope of services and an estimate of costs and timelines.

- Perform or commission a prior art search before filing to identify risks and focus claim drafting on patentable features.

- Decide on filing strategy - direct national filing, PCT route or priority claim from an earlier foreign filing - with your attorney.

- Gather documents establishing inventorship and ownership, and address employee or contractor invention policies early to avoid ownership disputes.

- If you face suspected infringement, collect evidence, preserve materials and contact counsel quickly to evaluate emergency measures such as medidas cautelares.

Note - This guide is informational and does not constitute legal advice. For case-specific guidance and representation before INPI or the courts, consult a qualified patent attorney licensed to practice in Argentina and familiar with matters in San Justo and the Buenos Aires province.