Patent type conversion in Argentine patent applications

In the Argentine patent application system, there are three types of patents: invention patents, utility model patents and industrial design patents. These three types of patents can be converted under certain conditions to best meet the innovation needs of patent applicants.

• An invention patent application can be converted into a utility model patent application and vice versa. The applicant can file a request for patent type conversion within 90 days after submitting the application , or complete it within 90 days after the INPI requests the conversion. If the applicant fails to complete the conversion within the prescribed period, the application will be deemed abandoned. The applicant must proactively submit a request for conversion.
• A utility model application can be converted into an industrial design application when the examiner finds during the preliminary examination stage or before the substantive examination that the application does not meet the requirements of "improved use of articles" under Article 53 of the Patent Law (for example, the application only involves a simple change in shape, size or material), and believes that the application may meet the conditions for an industrial design (because it has decorative features). The examiner will issue a corresponding notice, together with a preliminary examination report (EPT) or a substantive examination report, informing the applicant of the problems with the application and suggesting that the applicant convert the application into an industrial design application. The applicant must personally submit a request for patent conversion to the INPI. The INPI will not take the initiative to conduct the conversion procedure. If the applicant fails to complete the conversion procedure within the prescribed time limit, the patent application will continue to proceed according to the original procedure until it is ultimately rejected.