While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in Argentina, you are obliged to pay a recurring renewal fee to the National Institute of Industrial Property (INPI) to maintain the patent. The first renewal fee will be due annually starting from the first anniversary of the patent’s filing date after the grant of the patent.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2015-10-26, you will only have to settle the first renewal fee on the first anniversary (year 3) of the patent’s filing date after the grant, on 2016-03-17. The next annuity (year 4) will be due on 2017-03-17.
In the event that the patent is granted more than three years after the date of filing, you will have to settle the renewal fees for all subsequent renewals.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2019-10-26, you will have to settle the renewal fees for years 3, 4, 5, 6, and 7 by 2020-03-17. The next annuity for year 8 will be due renewal on 2021-03-17 (from the anniversary of the filing date).
In Argentina, there are other types of intellectual property for which you need to settle renewal fees, these are known as industrial models and industrial designs. Both rights follow the same rules when it comes to lifespan and renewal rules. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that not only patents, but utility innovations, and industrial designs can be renewed through us.
Intellectual Property Type #1 - Industrial Designs
An Argentinian design right is valid for 15 years from the filing date. Initially, an Argentinian design is protected for 5 years. In order to maintain protection beyond the initial 5-year period, it can be renewed every five years thereafter, up to a maximum of two renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. Despite this, designs can be renewed in batches. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Starting from the 3rd anniversary of the filing after the grant date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.
The first renewal fee will be due on the anniversary of the filing date.
For example, if the filing date of a patent is 2019-06-15, you will only have to settle the renewal fee starting from 2021-06-15 onwards.
The Argentinian patent application is in the filing stage. The patent is typically published within 18 months of filing. You can start paying renewal fees only after the patent has been issued.
The payment window is open at any time after the grant. Meaning you can pay all renewals up to year 20 at any time.
For example, if the renewal due date of a patent falls on 2021-07-31, and the patent was granted on 2017-01-05 the payment window to pay the renewal fee due on 2021-07-31 will open on 2017-01-05.
Yes, it is possible to renew an Argentinian patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 30% to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
For example, if a patent’s renewal due date is 2022-05-28 and the due date is missed, the patent will enter the grace period from 2022-05-29. The new total will need to be settled within the 6-month grace period, and will be due by 2022-11-28. Failure to pay this fee within the grace period will result in the patent lapsing.
A registered INPI agent must complete renewals.
In order to maintain an Argentinian patent, renewal fees need to be settled annually with the Argentinian Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date.