IP or intellectual property is protected by patents. Once an inventor obtains a patent for his invention, he is granted the right to take legal action against anyone who is caught trying to make, use, import, duplicate or sell his invention without his permission.
Obtaining a patent is a legal process which differs per country. In Argentina, patents are granted by the INPI which stands for Instituto Nacional de la Propiedad Industrial which is translated as the National Institute of Industrial Property. The application process is a very lengthy one and can last up to seven years. Not every idea or invention is eligible to be patented.
In order for an invention to be patented it must meet three legal conditions:
1. Novelty (new)
2. Inventive activity
3. Industrial application (Be capable of being produced and used in some kind of industry)
The following cannot be patented:
1. A theory or scientific discovery
2. A method or mathematical discovery
3. Artistic work
4. An animal or plant variety
5. A method of medical diagnosis or treatment
It is of utter importance that you hire a patent attorney to assist you with the legalities surrounding your patent application process. However, a patent attorney is not only needed to assist you with your application process but is also needed if you are faced with cases where you find out that your invention is being used or duplicated by someone else without your permission. In such cases, you will most likely need to take up legal actions against that person and will need a patent attorney who knows the patent laws of the country and help you to fight for your right and to protect your invention.
If you are looking for an excellent patent attorney to handle your patent application in Argentina, Sofia Mundet Hellquist is the person to turn to. She is a patent attorney and agent living between London and Argentina. With a Master’s Degree in business legal advice and ten years of experience in the specialization of Intellectual Property, she is the one to handle your patent application and give you the legal advice that you need if your IP is at risk of being stolen, duplicated or misused by another.
She has obtained over seven years of experience by working at one of the most prestigious legal firms in Buenos Aires (Richelet & Richelet), handling the patents of local and international brands such as BASF, Canon, LG Electonics, Samsung, Honda, FIFA and Toyota.
One of the main processes with which Sofia can assist you is the patent application process. As mentioned earlier, the application must be filed with the National Patent Administration (INPI). Once the application has been filed, the INPI will conduct a preliminary examination within the first ninety days to evaluate the application and to resolve any formal defects that they may encounter with it. Once this process has been completed, within eighteen months after the filing day and after the application has been published, an in-depth examination will be conducted on the invention itself to verify if it fulfills all the three legal conditions which must be met for an invention to be eligible to be patented in Argentina: novelty, industrial application and inventive activity. It is during this process that having Sofia at your side will prove to be invaluable as during this process anyone can present an opposition against your patent application. As long as they can provide documentary evidence and show that you invention fails to meet the three legal conditions, he or she has a valid case and you will definitely need Sofia’s help to combat their opposition. It takes the INPI approximately five years to complete the in-depth examination of the invention but if the examination is successful, you can then receive your patent which is issued for twenty years.
Other processes with which Sofia can provide you with legal guidance and represent you are:
• Trademark disputes
• Copyright infringement
• Utility models patents
• Design patents
• Software copyright registrations
• Domain name disputes
• Arbitration and mediation
Please note that although the filing of the patent application will start the process of the issuance of a patent, it does not grant you any rights so if you start the commercialization of the patent, you can be sued by a third party who may have already submitted a patent application for the same or similar invention and have obtained the patent. However, with Sofia’s expertise and experience with dealing with complex IP rights issues and her technological experience, her IP agency is more than equipped to guide and assist with any obstacles you may encounter. So if you need to patent assistance in countries such as Brazil, Uruguay, Chile, Colombia, Peru, Venezuela, Costa Rica, Mexico, Argentina or Paraguay, contact Sofia Mundet Hellquist!
We offer our legal opinion free for first time customers, leave your questions and give us the chance to help you.
Swing by for a cup of , or leave me a note: