Cookie Consent by Free Privacy Policy website

Patents

Prior to filing the application for a patent or utility model on an invention, it is advisable to carry out a prior state of the art search (i.e., the knowledge that has been made public until the time of filing the application). At Legal Core Group we perform patent searches and analysis to evaluate the availability of protecting an invention through patent or utility model rights.

In order to obtain the protection of an invention by means of a patent, it is necessary to obtain the grant thereof before the National Institute of Industrial Property. It is important to bear in mind that patenting an invention is a complex and technical process and in Argentina, the patenting time can take between 6 to 8 years from the time the application is filed. At Legal Core Group we can assist you in the drafting of patent applications as well as in all the further stages of this process.

During the patenting process of an invention, the Patent Office (INPI in Argentina) may make observations on formal defects or on the lack or insufficiency of any of the patentability requirements. The legal term to answer the observations issued by the INPI varies depending on the type of requirement. In order to reply to these requirements issued by the INPI, the intervention of an Industrial Property Agent or a licensed attorney is mandatory.

Maintenance annuity fees are the payments that patent or utility model certificate holders must make to keep their exclusive right in force. In Argentina, Resolution INPI P. 225/2003 establishes that the Maintenance annuity fees shall be paid in advance during the entire term of the patent or utility model certificate, with payments being due as from the grant notification. At Legal Core Group we take care of paying these annuities for your patents or utility models.

Patent agreements regulate the conditions under which the use of a patent is developed, assigned, or authorized (i.e., patent licenses, confidentiality agreements, patent development investment agreements, among others). It is important that patent agreements are drafted in such a way that the parties involved have no doubts about their scope. At Legal Core Group we can advise you in the negotiation and also draft and/or review patent agreements.

When a patent is used without the authorization of its owner, it is possible to file legal actions, such as summons, pre-judicial mediations, injunctions and/or lawsuits, to prevent further infringement, to preserve evidence of an infringement and/or to claim damages and losses caused by the illegitimate use. At Legal Core Group we can represent you in both pre-judicial and judicial instances in relation to patent or utility model infringements.

The patent law establishes that patents of invention and utility model certificates will be null and void, in whole or in part, when they have been granted in violation of the provisions of the law. The nullity must be declared by the courts. Federal civil and commercial courts are the competent legal authorities to decide on these matters and it is necessary to have legal sponsorship of a lawyer. At Legal Core Group we can advise and assist you in all stages of the patent nullity process.

Legal Core Group

We specialize in the protection of intangible assets in Latin America and the rest of the world through our partners

Links

Contact Us

+54 9 11 2403 9641
info@legalcoregroup.com.ar
7th floor, Office 6, 1110 Av. Roque Saenz Peña, CABA, 1035 Argentina

News

WhatsApp

Contact us