Patents & Utility Models

Patents

A patent protects inventions, understood as new technical solutions applied to specific problems. In Argentina, the system is governed by the Patent and Utility Model Law and applies equally to individuals and legal entities, whether national or foreign.

For an invention to be patentable, it must meet three fundamental requirements: novelty, inventive step, and industrial applicability. Novelty requires that the invention has not been previously disclosed anywhere in the world by any means. Inventive step implies that the proposed solution must not be obvious to a person skilled in the relevant technical field. Finally, industrial applicability means that the invention must be capable of being made or used in any kind of industry, broadly understood.

The legal framework also establishes subject matter that is excluded from protection. Among others, discoveries, scientific theories and mathematical methods; literary or artistic works; plans or methods for intellectual, commercial or game-related activities; computer programs as such; and methods of presenting information are not considered inventions. Likewise, methods of medical or surgical treatment applicable to humans or animals, as well as living matter existing in nature or natural biological processes, are not patentable. Inventions whose exploitation may affect public order, morality, health or the environment are also excluded.

The procedure for obtaining a patent involves several administrative stages. It begins with the filing of an application accompanied by the technical documentation describing the invention. A formal examination is then conducted to verify compliance with filing requirements. The application is subsequently published, allowing third parties to access its content and, where applicable, submit observations. Finally, a substantive examination is carried out, in which the competent authority assesses whether the invention meets the patentability requirements, including searches in national and international databases. If objections are raised, the applicant may respond with technical and legal arguments.

Once granted, a patent confers upon its holder the exclusive right to exploit the invention, including the ability to prevent third parties from manufacturing, using, offering or commercializing it without authorization. These rights remain in force provided that the applicable legal obligations are fulfilled, including the payment of maintenance fees.

Utility Models

Utility models provide protection for innovations that, while not meeting the inventive step required for patents, involve functional improvements to existing objects. These may include new configurations or arrangements applied to tools, instruments, devices or other practical items that enhance their performance or use.

To qualify for protection, the improvement must be novel and have industrial applicability, without the need to demonstrate an inventive step. This makes utility models an efficient and accessible alternative for protecting incremental technical developments.

In general terms, the registration procedure is similar to that of patents, including the filing of the application, its formal examination and the corresponding review by the competent authority. Once granted, a utility model confers an exclusive right over the protected improvement, subject to compliance with the applicable legal requirements.

International Protection

The protection of intangible assets often requires a strategy that extends beyond the local scope. In this regard, the Firm provides comprehensive advice on the protection and management of patent and utility model rights abroad through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their business objectives, the territorial scope of their activities and the specific characteristics of each market.