"That written in gray corresponds to the Regulation"

TITLE I

GENERAL DISPOSITIONS

ARTICLE 1: The inventions in all the goods and branches of the production will confer their authors the rights and obligations that are specified in the present law.

ARTICLE 1: All the rights and obligations that are recognized by application of the Law, will be recognized with same extension to people physical or juridical foreigners that tuvieren real home or constituyeren special home in the Republic Argentina in the terms and with the reaches foreseen in the Laws Nros. 17.011 and 24.425.

ARTICLE 2:The ownership of the invention will be credited with the grant of the following titles of industrial property:

a) Patent of invention; and

b) Certificates of Utility Model.

ARTICLE 2: The grant of invention patents and certificates of models of utility will be carried out according to the recaudos and procedures settled down in the present regulation.

ARTICLE 3: they will be able to obtain the titles of industrial property regulated in the present law, national physical or juridical people or foreigners that have real home or constituted in the country.

ARTICLE 3: Without regulating.

TITLE II

OF THE PATENTS OF INVENTION

CHAPTER  I

PATENTABILITY

 ARTICLE 4: They will be patentable the inventions of products or of procedures, whenever they are new, involve an inventive activity and be susceptible of industrial application.

a) To the effects of this law it will be considered invention to all human creation that allows to transform matter or energy for their use for the man.

b) Also it will be considered novel all invention that is not understood in the state of the technique.

c) For state of the technique he/she will understand each other the group of technical knowledge that you/they have become public before the date of presentation of the patent application or, in their case, of the grateful priority, by means of an oral or written description, for the exploitation or for any other means of diffusion or information, in the country or abroad.

d) There will be inventive activity when the creative process or their results are not deduced from the state of the technique in evident form for an usually versed person in the corresponding technical matter.

e) There will be industrial application when the object of the invention leads to the obtaining of a result or of an industrial product, understanding to the term industry like understanding of the agriculture, the forest industry, the cattle raising, the fishing, the mining, the properly this transformation industries and the services.

ARTICLE 4: For the obtaining of an invention patent an application will be presented, in the terms of the article 12 of the Law and other norms of this regulation, before the NATIONAL ADMINISTRATION OF PATENTS or before the provincial delegations that it enables to the effect the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY.

ARTICLE 5: The popularization of an invention won't affect its novelty, when inside A (1) previous year to the date of presentation of the patent application or, in its case, of the grateful priority, the inventor or its successors have given to know the invention for any means of communication or they have exhibited it in a national or international exhibition. When being presented the corresponding application the documentation comprobatoria it will be included under the conditions that it establishes the regulation of this law.

ARTICLE 5: If the inventor disclosed hubiere the invention in the previous year to the date of presentation of the application will declare it in writing and to present together with the patent application:

a) a copy or copy of the means of communication for which the invention was disclosed, if it was a half graphic or electronic one.

b) a mention of the means and their geographical localization, of the popularization and of the date in that was disclosed, if it was a half audiovisual one.

c) perseverance fehaciente of the inventor's participation or of the applicant in the national or international exhibition in that it disclosed the invention, their date and the reach of the popularization.

The applicant's declaration will have the value of sworn declaration and, in the event of falsehood, he/she will get lost the right to obtain the patent or model's of utility certificate.

ARTICLE 6: they won't be considered inventions for the effects of this law:

a) The discoveries, the scientific theories and the mathematical methods;

b) The literary or artistic works or any other aesthetic creation, as well as the scientific works;

c) The plans, rules and methods for the exercise of intellectual activities, for games or it stops economic-commercial activities, as well as the calculation programs;

d) The forms of presentation of information;

e) The methods of surgical treatment, terapeutic or of applicable diagnosis to the human body and the relatives to animals;

f) The juxtaposition of well-known inventions or mixtures of well-known products, their form variation, of dimensions or of materials, unless it is their combination or coalition in such a way that cannot work separately or that the qualities or characteristic functions of the same ones are modified to obtain an industrial result I don't obviate for a technician in the matter;

g) All kinds of alive matter and substances preexistentes in the nature.

ARTICLE 6: it won't be considered patentable matter to the plants, the animals and the essentially biological procedures for their reproduction.

ARTICLE 7:  they are not patentable:

a) The inventions whose exploitation in the territory of the ARGENTINEAN REPUBLIC should be impeded to protect the public order or the morality, the health or the life of people or of the animals or to preserve the vegetables or to avoid serious damages to the environment;

b) The entirety of the existent biological and genetic material in the nature or their replica, in the implicit biological processes in the animal reproduction, vegetable and human, included the relative genetic processes to the material able to drive their own duplication under normal and free conditions just as it happens in the nature.

ARTICLE 7: The NATIONAL EXECUTIVE POWER will be able to prohibit the production and commercialization of the inventions whose commercial exploitation in its territory should necessarily be impeded to protect the public order or the morality, the health or the life of people or of the animals, to preserve the vegetables or to avoid serious damages to the environment.

CHAPTER  II

RIGHT TO THE PATENT

ARTICLE 8: The right to the patent will belong to the inventor or its successors who will be entitled of to give it or to transfer it for any licit means and to concert license contracts. The patent will confer its holder the following exclusive rights, without damage of the normado in the articles 36 and 99 of the present law:

a) When the matter of the patent is a product, the one of impeding that third without its consent, carry out acts of production, use, offers for the sale, sale or import of the product object of the patent;

b) When the matter of the patent is a procedure, the one of impeding that third, without its consent, carry out the act of use of the same one.

ARTICLE 8: The applicant will be able to mention in her application the name of the or of the inventors and to request that I/you/he/she includes it to him in the publication of the patent application, in the title of industrial property that surrenders and in the publication of the patent or model of utility that she is carried out.

The holder of the patent that at any rate took knowledge of the import of merchandises in infraction to the rights that he/she agrees him the Law it will be legitimated to begin the actions in administrative or judicial headquarters that legally correspond.

ARTICLE 9: Except for test in contrary one will show off inventor to the person or physical people that are designated as such in the patent application or of certificate of model of utility. The inventor or inventors will be entitled to be mentioned in the corresponding title.

ARTICLE 9: The inventor or the inventors that has given their rights will be been able to present in any moment of the step and to request to be mentioned in the corresponding title, crediting their quality convincingly of such. Of this presentation one will run transfer for the TERM of THIRTY (30) days run to the grantee. Of mediating opposition. the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will solve inside the THIRTY (30) counted run days from the answer of the transfer or the production of the test that you hubiere required for the clarification of the invoked facts.

ARTICLE 10: Inventions developed during a labor relationship:

a) Those carried out by the worker during the course of their contract or work relationship or of services with the employer that you/they have for total object or partially the realization of inventive activities, they will belong to the employer.

b) The worker, author of the invention under the previous supposition, will be entitled to a supplementary remuneration for his realization, if his personal contribution to the invention and the importance of the same one for the company and employer exceeds in an evident way the explicit or implicit content of his contract or work relationship. If the conditions specified in the parenthesis didn't exist a), when the worker carried out an invention in connection with his professional activity in the company and in his obtaining they had influenced acquired knowledge predominantly inside the company or the use of means provided by this, the employer will be entitled to the ownership of the invention or to be reserved the right of exploitation of the same one. The employer will exercise such an option inside the NINETY (90) days of having carried out the invention.

c) When the manager assumes the ownership of an invention or the right of exploitation of the same one, the worker is reserved he/she will be entitled to a fair economic compensation, fixed in attention to the industrial and commercial importance of the invention, keeping in mind the value of the means or knowledge facilitated by the company and the own worker's contributions, in the supposition that the employer grants a license at third, the inventor will be able to claim the holder of the invention patent the payment of until FIFTY percent (50%) of the bonuses exactly perceived by this.

d) An industrial invention will be considered as having developed during the execution of a work contract or of benefit of services, when the patent application has been presented until A (1) year after the date in that the inventor left the employment inside whose activity field the invention was obtained.

e) The labor inventions in whose realization the circumstances foreseen in the parentheses doesn't converge a) and b), they will belong to the author of the same ones exclusively.

f) It will be null all premature renouncement of the worker to the rights conferred in this article.

ARTICLE 10: it will be considered that the right to obtain the patent belongs to the employer, when the realization of inventive activities has been specified as total or partial object of the employee's activities.

To the effects of the second paragraph of the parenthesis b) of the article 10 of the Law, he/she will only understand each other that in the development of the invention they have influenced the acquired knowledge predominantly inside the company or the use of means provided by this, when the invention is concerning to the employer's activities or be related with the specific tasks that the inventor develops or it developed to the employer's service.

Carried out an invention under the conditions indicated in the second paragraph of the parenthesis b) of the article 10 of the Law, if the employer will stop to exercise his option right inside the TERM settled down in the last paragraph of the same parenthesis, the right to the ownership of the patent will correspond the inventor - employee -.

When the invention had been carried out by a worker in dependence relationship, under the conditions indicated in the second paragraph of the parenthesis b) of the article 10 of the Law and before the grant of the patent, one will be able to solicit fundadamente, in writing and in on closed, in the NATIONAL ADMINISTRATION OF PATENTS or in the provincial delegations that it enables to the effect the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, the right to the ownership of the same one. In such a supposition, the Commissary of Patents will become intimate to the parts so that they present his arguments in writing inside the inextensible TERM of FIFTEEN (15) counted days starting from the respective notifications. Inside the THIRTY (30) subsequent days to such presentations or the production of the offered test, in their case, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will dictate founded resolution indicating it corresponds the right to request the patent to who, the one that will be notified to the parts by half fehaciente.

In the event of disagreement between the worker and their employer on the I mount of the supplementary remuneration or of the economic compensation foreseen in the first paragraph of the parenthesis b) and in the parenthesis c) of the article 10 of the Law, respectively, anyone of them will be able to in any time to require the intervention of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY to solve the dispute, expressing their foundations. Of the requirement transfer will be given to the other part by the term of TEN (10) days starting from the date of its notification. The NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will dictate resolution been founded inside the TERM of TWENTY (20) following days to the answer of the transfer or the production of the tests that offer, in its case, establishing the supplementary remuneration or the economic compensation that, to its approach, equal fuere, the one that will be notified to the parts by half fehaciente.

The resolutions of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY to that you/they refer the two precedent paragraphs will be recurribles before the Federal Tribunal in the Civil and Commercial with territorial competition in the home of the work place, inside the TWENTY (20) skilled days starting from the notification. The resources won't have suspensive effects.

ARTICLE 11: The right conferred by the patent will be determined by the first approved recovery, which define the invention and they define the reach of the right. The description and the drawings or planes, or in their case, the deposit of biological material will be good to interpret them.

ARTICLE 11: Without regulating. 

CHAPTER  III

CONCESSION OF THE PATENT

ARTICLE 12:  to obtain a patent it will be necessary to present an application written before the NATIONAL ADMINISTRATION OF PATENTS of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, with the characteristics and other data that it indicates this law and their regulation.

ARTICLE 12: To be able to obtain a patent, the applicant will complete, inside the TERMS that are specified in the Law in each case or in this Regulation, the following information and documentation:

a) a patent application in which will consist:

l) a declaration for which one requests an invention patent formally;

2) it names complete of the or of the applicants;

3) number of the document of identity and nationality of the or of the applicants or data you register them when it was an artificial person;

4) domicile real of the or of the applicants;

5) domicile special constituted of the applicant;

6) it names complete of the inventor or of the inventors, if correspondiere;

7) domicile real of the inventor or of the inventors, if correspondiere;

8) title of the invention;

9) number of the patent (or of the patent application) of which is additional the presented application (if correspondiere);

10) number of the patent application of which is divisional the presented application (if correspondiere);

11) number of application of certificate of model of utility whose conversion in patent application is requested (if correspondiere) or vice versa;

12) when the presentation is made under the Law 17.011 (AGREEMENT DE GIVES BIRTH TO), data of the priority or of the priorities invoked in the patent application (country, number and date of presentation of the application or applications of foreign patents);

13) it names and complete address of the institution receiver of the microorganism, it dates in that was deposited and the registration number assigned to the microorganism by the institution receiver, when the patent application refers to a microorganism;

14) it names complete of the person or of the agent of the industrial property authorized to process the patent application;

15) number of document of the authorized person's identity or number of the agent's of the authorized industrial property registration or of the general manager to administer of the applicant;

16) Applicant’s signature;

b) A technical description of the invention, headed by the title of the patent, coincident with the one that figures in the application that will contain:

1) a description of the technical field to which belongs the invention;

2) a description of the state of the technique in that domain, known by the inventor, indicating the documents that disclosed it preferably;

3) a detailed description and it completes of the invention, highlighting the advantages with regard to the state of the well-known technique, comprehensible for a person turned in the matter;

4) a brief description of the figures included in the drawings, if the hubiere.

c) an or more recoveries;

d) the necessary technical drawings for the understanding of the invention to that reference is made in the technical memory;

e) a summary of the description of the invention;

f) the reproductions of the drawings to reduced scale that you/they will be good for the publication of the application;

g) certificate of deposit of the microorganism sent by the institution receiver, when correspondiere;

h) perseverance of the payment of the tariffs of presentation of the application;

i) copy certified of the priority or priorities invoked in the application.

ARTICLE 13: The patent will be able to be requested directly by the inventor or for its successors or through its representatives. When a patent is requested after making it in other countries it will be recognized like date of priority the date in that has been presented the first patent application, provided it has not lapsed more than A (1) year of the presentation it would originate.

ARTICLE 13: The date of priority to that he/she refers the article 13 of the Law will be determined in the form foreseen in the Law 17.011.

ARTICLE 14: The right of priority enunciated in the previous article, it will be invoked in the patent application. The applicant will present, in the form and TERMS that reglamentariamente settles down, a declaration of priority and a copy certified by the origin office from the previous application accompanied by its translation to the Spanish, when that application is edited in another language.

Additionally, to recognize the priority, the following requirements will be satisfied:

I) That the application presented in the ARGENTINEAN REPUBLIC doesn't have bigger reach that the one that was claimed in the foreign application;  if the tuviere, the priority will only be partial and referred to the foreign application.

II) That reciprocity exists in the country of the first application.

ARTICLE 14: Without regulating.

ARTICLE 15: When several inventors have carried out the same invention independently the some of the other ones, the right to the patent will belong to the one that has the application with presentation date or of grateful priority, in its case, older. If the invention had been made jointly by several people the right to the patent it will belong in common to all them.

ARTICLE 15: When an application of patent fuere presented in combined form by two or more people one will show off that the right corresponds them for same parts, except when in that the opposite settles down.

ARTICLE 16: The applicant will be able to desist of her application in any moment of the procedure. In case the application corresponds to more than an applicant, the waiver it will be made in common. If it was not it, the rights of the renunciante acrecerán in favor of the other applicants.

ARTICLE 16: Without regulating. 

ARTICLE 17: The patent application won't be able to understand more than a single invention or a group of related inventions to each other in such a way that you/they integrate an only inventive concept in general. The applications that don't fulfill this requirement will be divided of agreement with what prepares reglamentariamente.

ARTICLE 17: When the patent application understands more than an invention, it will be divided before its concession. To such effects, the NATIONAL ADMINISTRATION OF PATENTS will become intimate the applicant so that it solicits the division in the TERM of THIRTY (30) days from the notification, low provision of being had for abandoned the application.

ARTICLE 18: The date of presentation of the application will be that of the moment in that the applicant surrenders in the NATIONAL ADMINISTRATION OF PATENTS created by the present law:

a) A declaration for which one requests the patent;

b) The applicant's identification;

c) A description and an or several recoveries although they don't fulfill the formal requirements settled down in the present law.

ARTICLE 18: Without regulating.

ARTICLE 19: For the obtaining of the patent he/she will accompany:

a) The denomination and description of the invention;

b) The planes or technical drawings that are required for the understanding of the description;

c)  An or more recoveries;

d) A summary of the description of the invention and the reproductions of the drawings that will only be good for their publication and I eat element of technical information;

e) The perseverance of the payment of the rights;

f) The documents of surrender of rights and of priority.

If NINETY lapsed (90) days run from the date of presentation of the application without he/she accompanies the entirety of the documentation, this will be refused without more step, except for cases of properly justified bigger force. The presentation lack inside the same term of the elements consigned in the parenthesis f) it will originate the loss from the right to the international priority.

ARTICLE 19: From the date of the presentation of the patent application and up to NINETY (90) later days to that date, the applicant will be able to contribute complements, corrections and modifications, whenever I/you/he/she doesn't imply it an extension of her object. With posteriority to that term, the suppression of on defects will only be authorized in evidence by the examiner. The new realization examples that are added should be complementary for a better understanding of the invention. No right will be been able to deduce from the complements, corrections and modifications that imply an extension of the original application.

ARTICLE 20: The invention will be descripta in the application in a sufficiently clear way and it completes so that an expert person and with knowledge means in the matter can execute it. Also, it will include the best well-known method to execute and to take to the practice the invention, and the elements that are used in form white and he/she specifies.

The methods and procedures descriptos will be applicable directly in the production.

In the case of relative applications to microorganisms, the product to be obtained with a claimed process will be together descripto with that in the respective application, and the deposit of the stump will be made in an institution authorized for it, according to the norms that it indicates the regulation.

The public will have access to the cultivation of the microorganism in the institution depositor, starting from the day of the publication of the patent application, under the conditions that reglamentariamente settles down.

ARTICLE 20: When the object of a patent application is a microorganism or when it stops its execution it is not required of a microorganism well-known neither available openly the applicant will make the deposit of the stump in an institution authorized for it and recognized by the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY. This obligation will be given for satisfied when the microorganism has been deposited from the date of presentation of the application, or prior to the same one.

THE NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will recognize to receive microorganisms in deposit, to the effects of the prescripto in the article 21 of the Law, to institutions recognized by the WORLD ORGANIZATION OF THE INTELLECTUAL PROPERTY or those that gather the following conditions:

a) they are of permanent character;

b) they don't depend on the control of the depositors;

c) they have the personnel and of the appropriate facilities to check the relevancy of the deposit and to guarantee their storage and conservation without risk of contamination;

d) they offer necessary measures of security to reduce to the minimum the risk of loss of the deposited material.

In all moment starting from the date of publication of the patent application, the public will be able to obtain samples of the microorganism in the institution receiver under the ordinary conditions that govern that operation.

ARTICLE 21: The drawings, planes and diagrams that accompany will be the sufficiently clear ones to achieve the understanding of the description.

ARTICLE 21: Without regulating.

ARTICLE 22: The recoveries will define the object for which one requests the protection, should be clear and concise. They will be able to be an or more and they will be founded in the description without exceeding it.

The first recovery will refer to the main object owing the remaining ones to be subordinate to the same one.

ARTICLE 22: The recovery or the recoveries will contain:

a) a preamble or exordium indicating from their beginning with the same title with which it has been denominated the invention, understanding all the well-known aspects of the arisen invention of the state of the next technique next;

b) an it leaves characteristic where will make an appointment the elements that establish the novelty of the invention and that they are necessary and indispensable to carry out it, definitorios of what is wanted to protect;

c) if the clarity and understanding of the invention demanded it, the main recovery that is the only one independent, he/she can go followed by an or several recoveries making these reference to the recovery of which you/they depend and specifying the additional characteristics that seek to protect. In a same way it should be proceeded when the main recovery goes followed by an or several relative recoveries to particular ways or of realization of the invention.

ARTICLE 23: During their procedure, an application of invention patent will be able to be transformed into application of certificate of model of utility and vice versa. The conversion one will only be able to make inside the NINETY (90) following days to the date of their presentation, or inside the NINETY (90) following days to the date in that the NATIONAL ADMINISTRATION OF you PATENT it it requires so that he/she becomes. In case the applicant doesn't convert the application inside the specified TERM one will have for abandoned the same one.

ARTICLE 23: Without regulating.

ARTICLE 24: he NATIONAL ADMINISTRATION OF PATENTS will carry out a preliminary examination of the documentation and will be able to require that is necessary or clarify in what considers necessary or omissions are corrected. Of not fulfilling the applicant this requirement, in a TERM of HUNDRED EIGHTY (180) days, it will be considered abandoned the application.

ARTICLE 24: once received the entirety of the documentation specified in the article 19 of the Law, the Commissary of Patents will order the realization of an exam formal preliminary in a TERM of TWENTY (20) days.

The application will be rejected without more step if inside the TERM of HUNDRED EIGHTY (180) days of having notified convincingly, the applicant doesn't save the defects pointed out by the NATIONAL ADMINISTRATION OF PATENTS in her preliminary exam. If the defect fuere exclusively referred to the foreign priority, the application will be able to continue its step, but it will be considered as if the priority has never been invoked. The certificates of the applications that are solved will send with the explanation that they are granted without damage of the right of priority foreseen in the Law 17.011, unless the interested ones request reservation of the step until they lapse the term of priority there foreseen. The order of reservation of the step will be formulated when presenting the application.

ARTICLE 25: The patent application in step and their annexes will be confidential until the moment of their publication.

ARTICLE 25: Without regulating.

ARTICLE 26: The NATIONAL ADMINISTRATION OF PATENTS it will proceed to publish the patent application in step inside the EIGHTEEN (18) months, counted starting from the date of the presentation. At the request of the applicant, the application it will be published before the expiration of the signal term.

ARTICLE 26: The publication of the patent application in step will contain:  a) number of the application;  b) date of presentation of the application;  c) number/s of the priority/s; d) date/s of the prioritys; e) countrie/s of the priority/s; f) it names complete and domicile of the or of the applicants;  g) it names complete and domicile of the or of the inventors (if correspondiere); h) number of the registration of the agent of the authorized industrial property (if correspondiere); i) title of the invention;  j) they summarize of the invention;  k) draw more representative of the invention, if the hubiere.

ARTICLE 27: Previous payment of the rate that settles down in the regulation ordinance, the NATIONAL ADMINISTRATION OF PATENTS will proceed to carry out a bottom exam, to check the execution of the conditions specified in the TITLE II, CHAPTER I of this law.

The NATIONAL ADMINISTRATION OF PATENTS will be able to require copy of the bottom exam carried out by examining foreign offices in the terms that it establishes the regulation ordinance and he/she will also be able to request reports to investigators that act in universities or scientific-technological institutes of the country who will be remunerated in each case, according to what establishes the regulation ordinance.

If I will estimate it necessary the applicant of the invention patent will be able to require to the Administration the realization of this exam in her facilities.

If lapsed THREE (3) years of the presentation of the patent application, the petitioner, I won't pay the rate corresponding to the bottom examination, the same one will be considered desisted.

ARTICLE 27.I.: The exam of bottom of the application won't be made if previously he/she has not been carried out and approved the preliminary.II - Fulfilled the presentation formalities the applicant will be able to request the bottom exam. The Commissary of Patents, inside the FIFTEEN (15) days, it will assign the application to an examiner.

The bottom exam will be made inside the HUNDRED EIGHTY (180) days of the payment of the rate and he/she will understand the following steps:

a) Search of antecedents. The examiner will try to identify, in the measure that is reasonable and feasible in his opinion, the documents that it estimates necessary to determine if the invention is new and it implies inventive activity. Their search will embrace all the technical sectors that can contain pertinent elements for the invention, should consult the following documentation:

1) documents of national patents (you patent and granted models of utility and applications of patents and models of utility in step),

2) applications of published patents, and patent of other countries,

3) technical literature different from the suitable one in the previous sections that pudiere to be pertinent for the investigation.

b) Exam. The examiner will investigate, up to where it estimates necessary and having in bill the result of the preliminary exam and of the search of antecedents, if the application satisfies the requirements of the Law entirely and of this Regulation.

III - If I will estimate it necessary, the examiner will be able to require:

a) that the present applicant, inside a TERM of NINETY (90) days run from the notification of the requirement, it copies of the bottom exam carried out for the same invention by offices of foreign patents if available estuvieren, just as it prepares it the article 28 of the Law.

b) you inform specific related with the topic from the invention to investigators that act in Universities or Institutes of scientific or technological investigation.

When the collaboration is requested indicated in the parenthesis b) precedent, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will recognize and it will pay the professional honorarium that you/they correspond to the category of main investigator of the NATIONAL ADVICE OF SCIENTIFIC AND TECHNICAL INVESTIGATIONS (CONICET) or its equivalent one, on the base of a budget of affectation of time previously approved by the Commissary of Patents.

IV - If I will estimate it pertinent the applicant will be able to solicit that the NATIONAL ADMINISTRATION OF PATENTS authorizes the partial realization of the bottom examination in her own facilities, for the verification of data in laboratories or productive teams. The Commissary of Patents will be able to accept or to reject the offer, on the base of that that, to his approach, necessary or convenient fuere.

ARTICLE 28: When the application deserves observations, the NATIONAL ADMINISTRATION OF PATENTS transfer he/she will run from the same ones to the applicant so that, inside the TERM of SIXTY (60) days, make the explanations that it considers pertinent or present the information or documentation that it was required him.

If the applicant doesn't fulfill the requirements in the signal term, her application will be considered desisted.

All the observations will be formulated in a single act by the NATIONAL ADMINISTRATION OF PATENTS, except for when explanations or previous explanations are required the applicant.

Any person will be able to formulate observations been founded to the application of patents and to add documental test inside the TERM of SIXTY (60) days to count of the publication foreseen in the article 26. The observations will consist on the lack or inadequacy of the legal requirements for their concession.

ARTICLE 28: The examiner will include among his observations those that were presented by third, based on the data that arise of the made publication according to that settled down in the article 28 of the Law and they are based on the lack of novelty, lack of industrial application, lack of inventive activity or illicitness of the object of the application, unless fueren professedly unfounded and they are declared this way.

Inside the SIXTY (60) days run starting from the notification of the transfer the applicant it will should:

a) to amend the application so that it is adapted to the legal and regulation requirements, or

b) to express their opinion on the observations, to refute them or to formulate the explanations that it estimates pertinent or opportune.

c) If the applicant doesn't fulfill the requirements in the signal term, her application will be considered desisted.

ARTICLE 29: in case the observations formulated by the NATIONAL ADMINISTRATION OF PATENTS was not saved by the applicant you will proceed to refuse the application of the patent communicating it in writing to the applicant, with expression of the reasons and foundations of the resolution.

ARTICLE 29: When the formulated repairs were not satisfactorily saved by the applicant, the examiner, previous founded report, of which one will run view to the applicant, he/she will be able to advise to the NATIONAL ADMINISTRATION OF PATENTS the denial of the application, in the terms of their article 29.

ARTICLE 30: Approved all the requirements that correspond, the NATIONAL ADMINISTRATION OF PATENTS it will proceed to extend the title.

ARTICLE 30: If as a result of the bottom exam the examiner determines that the invention gathers all the legal and regulation requirements that enable its patentamiento and, in its case that you/they have survived the formulated observations satisfactorily, he/she will rise in the term of TEN (10) days a report to the Commissary of Patents with its recommendation who will solve inside the THIRTY (30) following days.

Once dictated the resolution granting or refusing the grant of the title will be notified to the applicant by half fehaciente.

If the resolution is denegatoria, starting from its notification he/she will begin to run the TERM of THIRTY (30) days for the interference of the actions or corresponding resources, according to the article 72 of the Law.

The patents granted by the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will be inscriptas in the Registration of Granted Patents for correlative order seating their number, title, complete name of the holder, dates and number of the application, grant date and expiration date. This Registration will be able to be made in magnetic support, adopting all the necessary resources to assure its conservation and inalterabilidad.

ARTICLE 31: The concession of the patent will be made without damage of third with better right that the applicant and without guarantee of the State as for the utility of the object on the one that relapses.

ARTICLE 31: Without regulating. 

ARTICLE 32: The announcement of the concession of the Patent of Invention will be published in the Bulletin that will publish the NATIONAL ADMINISTRATION OF PATENTS. The warning will include the following mentions:

a) The number of the granted patent;

b) The class or classes in that the patent has been included;

c) The name and last name, or the social denomination, and the applicant's nationality and in their case of the inventor, as well as their home;

d) The summary of the invention and of the recoveries;

e) The reference to the bulletin in that you public made hubiere the patent application and, in their case, the modifications introduced in their recoveries;

f) The date of the application and of the concession, and

g) The TERM for which is granted.

ARTICLE 32: The announcement of the grant of the patent will also be published in the book that will publish the Institute.

ARTICLE 33: they will only be been able to allow changes in the text of the title of a patent to correct material errors or in way.

ARTICLE 33: Without regulating. 

ARTICLE 34: The granted invention patents will be of public knowledge and he/she will expand copy from the documentation to who requests it, previous payment of the tariffs that settle down.

ARTICLE 34: Without regulating.

CHAPTER IV

DURATION AND EFFECTS OF THE PATENTS

ARTICLE 35: The patent has a duration of TWENTY (20) inextensible years, counted starting from the date of presentation of the application.

ARTICLE 35: Without regulating.

ARTICLE 36:  The right that confers a patent won't produce effect some against:

a) A third that, in the private or academic environment and with non commercial ends, carry out purely experimental activities of scientific or technological investigation, of rehearsal or of teaching, and for it manufactures it or use a product or use a process similar to the patented one.

b) The preparation of medications carried out in habitual form by professionals paymasters and for unit in execution of a medical recipe, neither to the relative acts to the medications this way prepared.

c) Any person that acquires, use, care or at any rate market the patented product or obtained by the process patented, once this product I/you/he/she had been put permissibly in the trade of any country. He/she will understand each other that the setting in the trade is licit when it is of conformity with the Agreement of Rights of Intellectual Property linked with the trade. It leaves III Section IV I Agree TRIP's-GATT. he employment of inventions patented in our country on board foreign, terrestrial, marine or air vehicles that accidental or temporarily circulate in jurisdiction of the ARGENTINEAN REPUBLIC, if they are exclusively employees for the necessities of the same ones.

ARTICLE 36:  To the effects of the parenthesis c) of the article 36 of the Law, the holder of a patent granted in the ARGENTINEAN REPUBLIC will be entitled the of impeding that third, without his consent, carry out acts of production, use, offers for the sale or import in the territory of the product object of the patent, as long as this product had not been put permissibly in the trade of any country. It will be considered that it has been put permissibly in the trade when the licensee authorized to its commercialization in the country will credit that it has been it for the holder of the patent in the country of acquisition, or for a third authorized for its commercialization.

The commercialization of the cared product will be subject to that prepared in the article 98 of the Law and this regulation.

CHAPTER  V

TRANSMISSION AND CONTRACTUAL LICENSES

ARTICLE 37: The patent and the pattern of utility will be transferable and they will be able to be object of licenses, in total or partial form in the terms and with the formalities that it establishes the legislation. So that the surrender has effect regarding third it will be inscripta in the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY.

ARTICLE 37: When an application of an invention patent is transferred an application it will be presented in the one that the names and grantor's homes and grantee will consist, owing this last one to constitute a special home in the FEDERAL CAPITAL and the acreditación of certification of signatures of both parts.

The NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will enable DOS (2) registrations, one stops invention patents and another for certificates of models of utility, where they will register the surrenders foreseen in the article 37 of the Law.

The transmission of rights will have effects against third from the date of the respective act when the inscription is made inside the TEN (10) skilled days starting from that. Otherwise only he/she will have effects against third from the inscription date.

The holder of a patent will be able to, starting from the date of his grant, to request in writing to the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY that she is included in the Registration of Patents Open to Licenciamiento Volunteer that, to the effect, it will enable the INSTITUTE.

This Registration will be able to be consulted by any interested one who, if he/she wanted it, it will negotiate with the holder of the patent the conditions of the use license.

The NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will prepare the publication in the Bulletin of Patents of Invention and Certificates of Models of Utility and the diffusion for the means that it estimates convenient of the patents inscriptas in the suitable registration, with mention of the number, title, grant date and incorporation date to this registration.

ARTICLE 38: The license contracts won't contain restrictive commercial clauses that affect the production, commercialization or the technological development of the licensee, restrict the competition and incur in any such other behavior as, condition exclusive of retrocession, those that impede the objection of the validity, those that impose obligatory combined licenses, or any other of the behaviors tipificadas in the Law Nº 22.262 or the one that modifies it or substitute.

ARTICLE 38: Without regulating.

ARTICLE 39:  Except for stipulation in contrary the concession of a license won't exclude the possibility, on the part of the holder of the patent or model of utility, of to grant other licenses neither to carry out its simultaneous exploitation for itself.

ARTICLE 39: Without regulating.

ARTICLE 40: The person benefitted with a contractual license will be entitled the of only exercising the legal actions that correspond the holder of the inventions, in the case that this doesn't exercise them for itself.

ARTICLE 40: Without regulating.

CHAPTER  VI

EXCEPTIONS TO THE CONFERRED RIGHTS 

ARTICLE 41: THE NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY to founded requirement of competent authority, will be able to establish limited exceptions to the rights conferred by a patent. The exceptions won't attempt in an unjustifiable way against the normal exploitation of the patent neither to cause an unjustified damage to the legitimate interests of the holder of the patent, keeping in mind the legitimate interests of third.

ARTICLE 41: The Ministry of Economy and Works and Public Services, together with the Ministry of Health and Social Action or the Ministry of Defense, in the measure of the competition of these last ones, they will be the competent authorities to require the establishment of limited exceptions to the rights conferred by a patent, in the terms and with the limits foreseen by the article 41 of the Law.

CHAPTER VII

OTHER USES WITHOUT AUTHORIZATION OF THE HOLDER OF THE PATENT

ARTICLE 42: When a potential user has tried to obtain the concession of a license of the holder of a patent under terms and reasonable commercial conditions in the terms of the article 43 and such intents have not provided effect after having lapsed a TERM of HUNDRED FIFTY (150) counted run days from the date in that the respective license, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, was requested he/she will be able to allow other uses of that patent without authorization of its holder. Without damage of that mentioned precedently, communication will be given to the authorities created by the Law Nº 22.262 or the one that modifies it or substitute that guides the free concurrence to the effects that correspondiere.

ARTICLE 42: Lapsed the Terms settled down in the article 43 of the Law, if the invention has not been exploited, except for more force, or they have not been carried out effective and serious preparations to exploit the invention object of the patent, or when the exploitation of this has been interrupted during more than one year, any person will be able to request to the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY the concession of an obligatory license for the production and sale of the patented product or the use of the patented procedure. To such effects it will credit to have tried to obtain the concession of a voluntary license of the holder of the patent, under terms and reasonable commercial conditions and that such intents have not provided effect after having lapsed a TERM of HUNDRED FIFTY (150) days and that it is under technical and commercial conditions of supplying the internal market under reasonable commercial conditions.

The petition of the license will process before the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, it will contain the foundations that sustain it and he/she will offer in that instance the whole test that is considered pertinent. Of the respective writing transfer will be given to the holder from the patent to the home constituted in the file of the same one, for a TERM of TEN (10) skilled days, so that this answers and offer test. The NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will be able to reject the production of the tests inconducentes, should take place the remaining ones in the TERM of FORTY (40) days. Concluded this TERM or produced all the tests, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will solve fundadamente granting or refusing the requested obligatory license.

The resolution of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY that grants or reject the obligatory license he/she will be able to be appealed directly for in the face of the Federal Justice in the Civil and Commercial, inside the TERM of TEN (10) days of having notified, without damage of the resources foreseen in the article 72 of the Law and in the National Law of Administrative Procedures and their Regulation. The substanciación of the judicial resource won't have suspensive effects.

ARTICLE 43: Lapsed THREE (3) years from the concession of the patent, or FOUR (4) from the presentation of the application, if the invention has not been exploited, except for more force or have not been carried out effective and serious preparations to exploit the invention object of the patent or when the exploitation of this has been interrupted during more than A (1) year, any person will be able to request authorization to use the invention without authorization of her holder.

They will be considered like bigger force, besides the legally grateful ones as such, the objective difficulties of legal technical character, such as the delay in obtaining the registration in Public Organisms for the authorization for the commercialization, unaware to the will of the holder of the patent that you/they make impossible the exploitation of the invention. The lack of economic resources or the lack of economic viability of the exploitation won't constitute vindicative circumstances by themselves.

THE NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will notify the holder of the patent the nonfulfillment of the prescripto in the first paragraph before granting the use of the patent without its authorization.

The authority of application previous audience of the parts and if they didn't come to an agreement, it will fix a reasonable remuneration that the holder of the patent will perceive, the one that will be established according to circumstances characteristic of each case and had bill of the economic value of the authorization, having present the rate of bonuses average for the sector that it is in contracts of commercial licenses among independent parts. The relating decisions to the concession of these uses will be adopted inside the NINETY (90) skilled days of having presented the application and they will be appealable for in the face of the Federal Justice in the Civil and Commercial. The sustanciación of the resource won't have suspensive effects.

ARTICLE 43: it will be considered that exploitation of a product mediates when it exists distribution and commercialization in enough form to satisfy the demand of the national market, under reasonable commercial conditions.

The NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, previous part audience and for lack of agreement among them, it will fix a reasonable remuneration that the holder of the patent will perceive, the one that will be established according to the circumstances characteristic of each case and had bill of the economic value of the authorization, having present the rate of bonuses average for the sector that it is in contracts of commercial licenses among independent parts.

The resolutions that it adopts the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY in the mark of this article will be able to be appealed in the terms of the article 42, last paragraph, of this Regulation.

ARTICLE 44:  the right of exploitation conferred by a patent will be granted, without authorization of its holder, when the competent authority has determined that the holder of the patent has incurred in practical anticompetitive. In these cases, without damage of the resources that concern the holder of the patent, the concession will be made without necessity of applying the procedure settled down in the article 42.

To the ends of the present law, they will be considered practical anticompetitive, among other, the following ones:

a) The fixation of comparatively excessive prices, regarding the stocking of the market or discriminatory of the patented products; in particular when offers of supply exist from the market to significantly inferior prices to those offered by the holder of the patent for the same product;

b) The negative of supplying to the local market under reasonable commercial conditions;

c) The hindering of commercial or productive activities;

d) All other act that is framed in the punishable considered behaviors by the Law Nº 22.262 or the one that replaces it or substitute.

ARTICLE 44: The competent authority of the Law 22.262 or the one that I will replace it or substitute, of occupation or at the request of part, it will proceed to determine the existence of a supposition of anticompetitive practice, when it is exercised abnormally so it constitutes abuse of a dominant position in the market, in the terms foreseen by the article 44 of the Law and the other effective dispositions of the Law of Defense of the Competition, previous citation of the holder of the patent, so that it exposes the reasons that make to their right, for a TERM of TWENTY (20) days. Produced the discharge and, in their case, the test that offers, this authority will rule on the relevancy of the concession of obligatory licenses and he/she will say regarding the conditions in that you/they should offer.

In this last one supposed the NATIONAL INSTITUTE OF THE INDUSTRIAL, received PROPERTY the performances, it will prepare the publication of a warning in the Official Bulletin, in the Bulletin of Patents and in a newspaper of national circulation informing that he/she will study the offers of third interested in obtaining an obligatory license, granting a TERM of THIRTY (30) days for their presentation. Formulated the application or applications, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will solve fundadamente, granting or rejecting the obligatory license. This resolution will be susceptible of the resources foreseen in the last paragraph of the article 42.

The decisions of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY on the relevancy of the concession and the relative ones to the same concession or, in their case, the rejection of the obligatory licenses will be adopted in a TERM that won't exceed of the THIRTY (30) days.

ARTICLE 45: THE NATIONAL EXECUTIVE POWER will be able to for reasons of sanitary emergency or national security to prepare the exploitation of certain patents by means of the grant of the right of exploitation conferred by a patent;  their reach and duration will be limited to the ends of the concession.

ARTICLE 45: The NATIONAL EXECUTIVE POWER will grant the obligatory licenses with cause in that foreseen by the article 45 of the Law, with the intervention of the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY and, in its case, the one that corresponds to the MINISTRY OF HEALTH AND SOCIAL ACTION or to the MINISTRY OF DEFENSE, in the mark of the competitions that assigns them the Law of Ministries.

ARTICLE 46: the use will be granted without authorization of the holder of the patent to allow the exploitation of a patent - second patent - that cannot be exploited without infringing another patent - first patent - whenever the following conditions are completed:

a) That the invention claimed in the second patent supposes a significant technical advance of a considerable economic importance, with regard to the invention claimed in the first patent;

b) That the holder of the first patent has right to obtain a crossed license under reasonable conditions to exploit the invention claimed in the second patent, and

c) That the authorized use of the first patent cannot be given without the surrender of the second patent.

ARTICLE 46:  The resolutions of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, dictated in exercise of the attribution that confers him the article 46 of the Law, will be susceptible of the resources foreseen in the last paragraph of the article 42 of this regulation.

ARTICLE 47: When other uses are allowed without authorization of the holder of the patent, the following dispositions will be observed:

a) The authorization of this uses will make it the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY:

b) The authorization of this uses will be considered in function of the circumstances characteristic of each case;

c) For the uses contemplated in the previous article 43 and/or 46 to their concession the potential user he/she will not have tried to obtain the authorization of the holder of the rights under term and commercial conditions according to the article 43 and those intents hubieren provided effects in the TERM prepared by the article 42. In the case of use non commercial public, when the government or the contractor, without making a search of patents, know or have demonstrable reasons to know that a valid patent is or it will be used for or for the government, it will be informed without delays to its holder;

d) The authorization will extend to the relative patents to the components and processes of production that allow its exploitation;

e) Those uses will be of non exclusive character;

f) they won't be been able to give, I save with that part of the company or of their intangible asset that integrates it;

g) they will be authorized to supply mainly to the internal market, I save in the cases prepared in the articles 44 and 45;

h) The holder of the rights will perceive a reasonable remuneration according to the circumstances characteristic of each case, had bill of the economic value of the authorization, following the procedure of the article 43;  when determining the amount of the remunerations in the cases in that the uses had been authorized to put remedy to practical anticompetitive one will keep in mind the necessity to correct this practices and he/she will be able to refuse the repeal of the authorization if is considered that it is probable that under the conditions that gave place to the license they repeat;

i) For the uses settled down in the article 45 and for all other not contemplated use, their reach and duration will be limited to the ends for those that have been authorized and they will be able to retire if the circumstances that gave origin to that authorization have extinguished and be not probable that they arise again, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY authorized to examine being, previous founded petition, if this circumstances continue existing. When being left without effect these uses they will be kept in mind the legitimate interests of people that you/they had received this authorization. If it was technology of semiconductors, it will only be been able to not make of her a public use commercial or to be used to rectify a declared practice contrary to the competition after a judicial or administrative procedure.

ARTICLE 47: The grant of obligatory licenses will be considered in function of the circumstances of each case and whenever you hubiere incurred in some of the causal ones that fixes the Law so that they proceed. They will extend to the relative patents to the components and processes of production that allow their exploitation when some of the causal ones is presented that it fixes the Law for it and they will be granted under the conditions foreseen in the article 47 of the Law.

ARTICLE 48: In all the cases the relative decisions to the uses not authorized by the holder of the patent they will be subject to judicial revision, I eat the relative thing also to the remuneration that corresponds when this is reasonable.

ARTICLE 48: Without regulating. 

ARTICLE 49: The resources that intervened with reason of administrative acts related with the grant of the uses foreseen chapter presently, won't have suspensive effects.

ARTICLE 49: Without regulating.

ARTICLE 50: Who requests some of the uses of this Chapter he/she will have economic capacity to carry out an efficient exploitation of the patented invention and to have an establishment enabled to the effect by the competent authority.

ARTICLE 50: The NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will establish the procedure and the way of acreditación of the economic and technical capacity, according to the emanated effective norms of the competent authorities, to carry out an efficient exploitation of the patented invention, expert in terms of supply of the national market under reasonable commercial conditions.

CHAPTER VIII

PATENT OF ADDITION OR IMPROVEMENT

ARTICLE 51: everybody who improves a discovery or patented invention will be entitled to request an addition patent.

ARTICLE 51: The application of an obligatory license of addition patent will be granted by the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, for founded resolution, previous acreditación of the technical or economic importance of the improvement of the discovery or invention. The resolutions that are dictated in the mark of this article will be susceptible of the resources foreseen in the last paragraph of the article 42 of this regulation.

ARTICLE 52: The addition patents will be granted by the time of validity that subtracts to the invention patent that it depends. In the event of plurality, he/she will take into account the one that conquers later.

ARTICLE 52: Without regulating.

TITLE III

OF THE UTILITY MODELS

ARTICLE 53: All disposition or obtained new form or introduced in tools, work instruments, utensils, devices or well-known objects that are lent to a practical work, as soon as they care a better use in the function to that you/they are dedicated, they will confer their creator the exclusive right of exploitation that will be justified for titles denominated certificates of utility models.

This right will only be granted to the new form or disposition just as he/she is defined it, but it won't be been able to grant model's of utility certificate inside the field of protection of a patent of effective invention.

ARTICLE 53: Without regulating.

ARTICLE 54: The certificate of the models of utility will have a validity of TEN (10) inextensible years, counted starting from the date of presentation of the application, and it will be subject to the payment of the tariffs that establishes the regulation ordinance.

ARTICLE 54: Without regulating.

ARTICLE 55: they will be essential requirements so that the expedition of these certificates that the inventions contemplated in this title are new proceeds and have industrial character;  but it won't constitute impediment the one that lacks inventive activity or be known or have been disclosed in the exterior.

ARTICLE 55: it will be considered that the novelty of the invention has not been broken when he/she is the applicant who has made know or have disclosed in the exterior the invention object of utility model, inside the SIX (6) previous months to the presentation of the respective application in the ARGENTINEAN REPUBLIC.

ARTICLE 56: With the application of certificate utility model will accompany:

a) The title that designates the invention in question;

b) A description referred to a single main object of the new configuration or disposition of the object of practical use, of the functional improvement, and of the causal relationship between new configuration or disposition and functional improvement, so the invention in question can be reproduced by a person of the occupation of half level and an explanation of the or of the drawings;

c) The or the recoveries referred to the invention in question;

d) The or the necessary drawings.

ARTICLE 56: Without regulating.

ARTICLE 57: Presented model's of utility application, will be examined if the prescriptions of the articles 50 and 53 have been completed.

Practiced this exam and verified that exposed in the previous, or corrected paragraph when it possible fuere, the certificate will be sent.

ARTICLE 57: Without regulating.

ARTICLE 58: they are applicable to the pattern of utility the dispositions on you patent of invention that you/they are not he incompatible.

ARTICLE 58: they will be applied to the procedure of certificates of models of utility, in the pertinent thing, the norms of this relative regulation to the invention patents.

TITLE IV

NULLITY AND EXPIRATION OF THE PATENTS AND UTILITY MODELS

 ARTICLE 59: The invention patents and certificates of utility models will be null total or partially when they have been granted in breach to the dispositions of this law.

ARTICLE 59: Without regulating.

ARTICLE 60: If the causes of nullity only affected to a part of the patent or of the pattern of utility, the partial nullity will be declared by means of the annulment of the or the recoveries affected by those. It won't be been able to declare the partial nullity of a recovery.

When the nullity is partially, the patent or model's of utility certificate will continue in vigor with reference to the recoveries that had not been annulled, whenever it can constitute the object of a model of utility or of an independent patent.

ARTICLE 60: Without regulating.

ARTICLE 61: The declaration of nullity of a patent doesn't determine the annulment by itself from the additions to them, whenever the conversion is requested of these in independent patents inside the NINETY (90) following days to the notification of the declaration of nullity.

ARTICLE 61: Without regulating.

ARTICLE 62: The patents and certificate of utility model will expire in the following cases:

a) To the expiration of their validity;

b) For renouncement of the holder. In case that the ownership of the patent belongs to more than a person, the renouncement it will be made on the whole. The renouncement won't be able to affect rights of third;

c) For not covering the payment of annual rates of maintenance to which you/they are subject, fixed the respective expirations the holder he/she will have a TERM of grace of HUNDRED EIGHTY (180) days to pay the up-to-date tariff to whose expiration the expiration will be operated, unless the payment has not been made by reason of more force;

d) When granted the use at a third you didn't exploit the invention in a TERM of DOS (2) years for attributable causes to the holder of the patent.

The administrative decision that he/she declares the expiration of a patent will be judicially recurrible. The appeal won't have suspensive effect.

ARTICLE 62: The definitive decisions that are adopted by virtue of the dispositions of the Title IV of the Law will be susceptible of the resources foreseen in the last paragraph of the article 42 of this regulation.

ARTICLE 63: it won't be necessary judicial declaration so that the nullity or expiration provide effects of subjecting to the public domain to the invention; as much the nullity as the expiration operate of full right.

ARTICLE 63:  Without regulating.

ARTICLE 64: The action of nullity or expiration will be able to be deduced by who has legitimate interest.

ARTICLE 64: Without regulating.

ARTICLE 65: The actions of nullity and expiration can be opposed by way of defense or of exception.

ARTICLE 65: Without regulating.

ARTICLE 66: Declared in trial the nullity or expiration of a patent or of a certificate of utility, and passing the sentence in authority of judged thing the corresponding notification will be studied to the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY.

ARTICLE 66: Without regulating.

TITLE V

ADMINISTRATIVE PROCEDURES

CHAPTER  I

PROCEDURES

ARTICLE 67: The applications will be signed by the interested one or their legal representative and to be accompanied by the voucher of payment of the corresponding tariffs. If it lacked anyone of these elements the NATIONAL ADMINISTRATION OF PATENTS it will reject of plane the application.

ARTICLE 67: Without regulating.

ARTICLE 68: When the applications are presented by means of legal representative, this will credit their personería by means of:

a) to be able to or certified copy of power that it authorizes him;

b) to be able to granted of conformity with the applicable legislation in the place where it is granted or according to the international treaties, in case the representative is a person artificial foreigner;

c) In each file that is processed the representative's personería it will be credited, being enough a simple copy of the registration perseverance, if being possible found inscripto in the general registration of powers that worked in the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY.

ARTICLE 68: Without regulating.

ARTICLE 69: In all application, the applicant will constitute legal home inside the national territory and to communicate to the NATIONAL ADMINISTRATION OF PATENTS any change of the same one. In case the warning of the home change is not given, the notifications will be had for valid in the home that figures in the file.

ARTICLE 69: Without regulating.

ARTICLE 70: Until the publication referred in the article 26, the files in step will only be able to be consulted by the applicant, their representative or people authorized by the same one.

The personnel of the NATIONAL ADMINISTRATION OF PATENTS that intervenes in the procedure of the applications, will be forced to keep confidentiality regarding the content of the files. It is excepted from the above-mentioned to the information that is of official character or the one required by the judicial authority.

ARTICLE 70: The administrative technical information contained in the files of patent application is secret, and the agents of the NATIONAL ADMINISTRATION OF PATENTS and of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY they won't allow that the same one is disclosed or used in any way for third not interested or well-known in general. Also they will guard that it is not accessible for those circles in that she is usually used.

Who violates that secret it will be pasible of the legal actions that can correspond, more discharge pain and it fines according to them they are dependent direct of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, the Administration or Organism that should necessarily intervene for reasons techniques, without damage of that prepared in the articles 157, 172 and 173 of the Penal Code. The administrative summary or judicial process will be able to occupation substanciarse or to part order.

 ARTICLE 71: The employees of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY won't be able to direct neither indirectly to process rights in representation of third until DOS (2) years after the date in that the dependence relationship ceases with the mentioned institute, under discharge pain and it fines.

ARTICLE 71: Without regulating. 

CHAPTER II

RESOURCES OF RECONSIDERATION

 ARTICLE 72: the reconsideration resource will Proceed:

a) Against the resolution that refuses the concession of a patent, or I model of utility;

b) Against the resolution that makes place to the foreseen observations, in the terms of the article 29 of the present law.

In both cases it will be presented in writing before the President of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY in a peremptory TERM of THIRTY (30) days, counted starting from the date of notification of the respective resolution. To the resource he/she will be accompanied the documentation that credits their origin.

ARTICLE 72 : The interference of the reconsideration resource, settled down in the article 72 of the Law won't be I collect of qualification of the other administrative or judicial resources that could be pertinent for application of the norms of the Law or of the Law 19.549 and of the Regulation of Administrative Procedures, Ordinance 1759 / 72 (T.O. 1991).

ARTICLE 73: Analyzed the arguments that are exposed in the resource and the documents that are contributed, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will emit the resolution that corresponds.

ARTICLE 73: Without regulating. 

ARTICLE 74: When the resolution that dictates the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY denied the origin of the resource it will be notified that solved to the recurrent one in writing. When the resolution is favorable you will proceed in the terms of the article 32 of this law.

ARTICLE 74: Without regulating.

TITLE VI

VIOLATION OF THE CONFERRED RIGHTS FOR THE PATENT

AND THE UTILITY MODEL

ARTICLE 75: The defraudación of the inventor's rights falsification crime will be reputed and punished with prison of SIX (6) months at THREE (3) years and it fines.

ARTICLE 75 : Without regulating.

 ARTICLE 76: it will suffer the same pain of the previous article the one that knowingly, without damage of the rights conferred at third by the present law:

a) Takes place or make produce one or more objects in violation of the rights of the holder of the patent or of the utility model;

b) The one that it cares, bandage, put in sale or market or expose or introduce in the territory of the ARGENTINEAN REPUBLIC, one or more objects in violation of the rights of the holder of the patent or of the utility model.

ARTICLE 76: Without regulating. 

ARTICLE 77: it will suffer the same pain increased in a third:

a) The one that was partner leader, advisory, employee or the inventor's worker or their successors and usurp or even not disclose the invention protected;

b) The one that corrupting the partner, leader, advisory, employee or the inventor's worker or of their successors he/she obtained the revelation of the invention;

c) The one that violates the obligation of the secret imposed in this law.

ARTICLE 77: Without regulating. 

ARTICLE 78: ticket will be imposed the one that without being regular of a patent or model of utility or already not enjoying the rights conferred by the same ones, it is served in its products or in its propaganda of susceptible denominations of inducing the public in error as for the existence of them.

ARTICLE 78: Without regulating. 

ARTICLE 79: in the event of repetition of crimes punished by this law the pain it will be duplicated.

ARTICLE 79:  - Without regulating. 

ARTICLE 80: it will be applied to the criminal participation and the concealment that prepared by the Penal Code.

ARTICLE 80: Without regulating. 

ARTICLE 81: besides the penal actions, the holder of the invention patent and their licensee or of the pattern of utility, they will be able to exercise civil actions so that the continuation of the illicit exploitation is prohibited and to obtain the repair of the suffering damage.

ARTICLE 81: Without regulating. 

ARTICLE 82 - The prescription of the actions settled down in this title will operate according to that settled down in the Codes of Fund.

ARTICLE 82: Without regulating. 

ARTICLE 83: Previous presentation of the title of the patent or of model's of utility certificate, the one damaged will be able to request under the cautions that the judge estimates necessary, the following precautionary measures:

a) The kidnapping of one or more exemplary of the objects in infraction, or the description of the incriminated procedure;

b) The inventory or the seizure of the falsified objects and of the machines specially dedicated to the production of the products or the performance of the incriminated procedure.

ARTICLE 83: The precautionary measures and the recaudos demanded for their origin, foreseen in the article 83 of the Law, won't exclude the adoption of other precautionary measures, in the terms settled down in the legislation sustantiva or procedural applicable in each case.

ARTICLE 84: The measures that it treats the previous article will be practiced by the official of justice, attended the plaintiff's order by one or more experts.

The records will be signed by the plaintiff or person authorized by this, for the or for the experts, for the holder or in charge in that moment of the establishment and for the official of justice.

ARTICLE 84: Without regulating. 

ARTICLE 85: The one that tuviere in its power products in infraction will give complete news on the name of who has sold them to him or offered, its quantity and value, as well as on the time in that the one has begun it expended, I lower it punishes of being considered the offender's accomplice.

The official of justice will consign in the records the explanations that spontaneously or to his order, have given the interested one.

ARTICLE 85: Without regulating. 

ARTICLE 86: The measures enumerated in the article 83, will be without effect after having lapsed FIFTEEN (15) days without the applicant has deduced the corresponding judicial action, without damage of the probatory value of the verification records.

ARTICLE 86 : Without regulating. 

ARTICLE 87: The plaintiff will be able to demand caution to the defendant for not interrupting it in the exploitation of the invention, in case that this wanted to continue ahead with her and in caution defect she will be able to request the suspension of the exploitation, giving him in turn in her case, if I/you/he/she was required, convenient caution. (incident of exploitation)

ARTICLE 87: Without regulating. 

ARTICLE 88: TO the effects of the civil procedures, when the object of a patent is a procedure to obtain a product, the judges will be authorized starting from January 1° of the year 2000, to order the defendant to prove that the procedure to obtain a product, is different from the patented procedure. To the effects of that judicial ability he/she settles down that, starting from that date and, except for test in contrary, all identical product taken place without the consent of the holder of the patent has been obtained by means of the procedure patented whenever this product it is new to that date in the terms of the article 4º of the present law.

ARTICLE 88: Without regulating. 

ARTICLE 89: they will be competent to understand in the civil trials that will follow the step of the ordinary trial, the federal judges in the civil and commercial and in the penal actions that it will follow the step of the correctional trial, the federal judges in the criminal thing and reformatory.

ARTICLE 89: Without regulating. 

TITLE VII

OF THE ORGANIZATION OF THE NATIONAL INSTITUTE OF THE PROPERTY

INDUSTRIAL

ARTICLE 90 : Créase the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, as autarchical organism, with artificial personería and own patrimony that it will work in the environment of the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES. It will be the Authority of Application of the present law, the Law Nº 22.362, of the Law Nº 22.426 and of the ordinance-law Nº 6673 of August 9 1963.

The patrimony of the Institute will be integrated with:

a) The tariffs and emergent annuities of the laws that it applies and the rates that it perceives as retribution for additional services that he/she lends;

b) Taxes, subsidies, legacies and donations;

c) The goods belonging to the Temporary Center for the Creation of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY;

d) The sum that the Congress of the Nation fixes him in the Annual Budget of the Nation.

ARTICLE 90: The NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, will be responsible for the realization of the activity that concerns him as regards Industrial Property to the State. 

ARTICLE 91: THE NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will be driven and administered by a directory integrated by THREE (3) members, designated by the NATIONAL EXECUTIVE POWER, one of them to proposal of the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES and another to proposal of the MINISTRY OF HEALTH AND SOCIAL ACTION.

The THREE (3) members will choose from their breast to the directors that will exercise the presidency and vice-presidency respectively. The remaining member will act as vowel. The members of the directory will have exclusive dedication in their function understanding them the incompatibilities fixed by the law for the public officials and they will only be removed of their positions by founded act of the NATIONAL EXECUTIVE POWER.

The mentioned directors will last FOUR (4) years in their positions being able to be reelected indefinitely.

In the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY a Sequestration that will have as made the inspection and control of the acts of the organs that compose the Institute will work.

The Sequestration will be exercised by a regular syndic and a substitute designated by the NATIONAL EXECUTIVE POWER, to proposal of the GENERAL AUDIT OF THE NATION.

ARTICLE 91: The structure of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will be constituted by the following organs:
1 - Directory

2 - Unit of Internal Audit (Sequestration)          
3 - Honorary Advisory Council
 4 - National administration of Patents
 5 - you address

The Directory is government's supreme organ to which you/they correspond him the address functions and the control of the administration of the same one.

The Directory will be formed by A (1) President, A (1) Vice-president and A (1) Vowel.

The President of the Directory will exercise the representation of the INSTITUTE, being replaced by the Vice-president in the event of absence of the first one.

The Sequestration will have the functions foreseen in the Title VI of the Law 24.156 and its regulation dispositions.

ARTICLE 92: THE NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will have the following functions:

a) to Assure the observance of the norms of the present law and of the Laws Nros. 22.362 and 22.426 and of the Ordinance-law N º 6673/63;

b) to Hire the necessary technical and administrative personnel to carry out their functions;

c) to Celebrate agreements with private organisms and publics for the realization of tasks inside their environment;

d) to Administer the funds that it collects for the arancelamiento of their services;

e) to Elaborate a Memory and annual Balance;

f) to Establish a scale of remunerations for the personnel that carries out tasks in the Institute;

g) to Publish the bulletins of Marks and Patents and the Books of Marks, of Patents, of Models of Utility and of the Models and Industrial Designs;

h) to Elaborate a Database;

i) to Promote their activities;

j) to Give to publicity their acts.

ARTICLE 92: they will be considered attributions of the INSTITUTE, besides those foreseen in the Law:

a) The administrative performance as regards recognition and maintenance of the protection registral to the diverse manifestations of the industrial property, understanding the procedure and resolution of files and the conservation and publicity of the documentation;

b) to diffuse in periodic form the technological information, I object of registration, without damage of another publication type that considers pertinent. For this end it will have an own database, with connection to international banks in the matter and offices of the property industrial foreigners;

c) to propose the adhesion from our country to the international agreements that he/she has not subscribed still, and in general to favor the development of the international relationships in the field of the industrial property;

d) to promote initiatives and to develop conducive activities to the best knowledge and protection of the industrial property in the national and international order;

e) to maintain direct relationships with organisms and national and international entities that are in charge of the matter.

f) to emit verdicts on questions referred to the industrial property required by authorities of the EXECUTIVE, LEGISLATIVE and JUDICIAL POWER OF THE NATION.

g) Any other function that the effective legislation attributes him, or that in the successive thing they are attributed him as regards its competition. 

ARTICLE 93: they will be functions of the Directory of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY:

a) to propose to the NATIONAL EXECUTIVE POWER through the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES, the regulation modifications and of national politics that estimates pertinent in connection with the protection laws to the rights of industrial property;

b) to emit directive for the operation of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY;

c) to exercise the budgetary control of the funds that perceives the Institute;

d) Realizar competitions, contests or exhibitions and to grant prizes and scholarships that stimulate the inventive activity;

e) Designar to the Directors of Marks, Models or Industrial Designs, of Transfer of Technology and to the Commissary and Subcommissioner of Patents;

f) to Designate to the legal refrendantes of Marks, Models and Industrial Designs and of Transfer of Technology;

g) to Prepare the creation of an advisory Council;

h) to Dictate internal regulations;

i) to Understand in the resources that are presented before the Institute;

j) to Grant the uses contemplated in the I TITLE II, I SURRENDER VIII of the present law;

k) All other attribution that arises of the present law.

ARTICLE 93: they will Be functions of the Directory, besides those foreseen in the Law:

a) to Propose the politics of the Institute and to establish the directive ones for their execution;

b) to Propose the budget project and to make the annual liquidation of the same one;

c) to Approve the annual memory of activities of the INSTITUTE;

d) to Rise to the NATIONAL EXECUTIVE POWER through the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES the proposals of adhesions from the ARGENTINEAN REPUBLIC to International Agreements as regards industrial property;

e) to Deliberate, and in their case, to adopt decisions on subjected topics to their consideration;

f) to Create the NATIONAL PRIZE TO THE INVENTION;

g) to Gather to the Advisory Council, at least once a month;

h) to Dictate all the necessary and inherent resolutions to their condition of supreme organ of the INSTITUTE, especially the relative ones to the efectivización of the functions settled down in the article 93 of the Law. 

ARTICLE 94: Créase the NATIONAL ADMINISTRATION OF PATENTS, clerk of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY. The Administration will be driven by a Commissary and a Subcommissioner of Patents, designated by the Directory of the Institute.

ARTICLE 94: The NATIONAL ADMINISTRATION OF PATENTS will be responsible for:

a) The procedure, study and resolution of the applications of concession of patents and utility models;

b) to Understand in the steps of nullity and expiration and control of the exploitation of granted patents;

c) to Send certificates and authorized copies of the contained documents in the files of their competition;

d) to Take reason of the transfers of the granted patents those that will be presented in instrument public and of those that are in step state, for those that it will be demanded certification of grantor's signature and grantee;

e) to Notify their resolutory acts and of procedure according to the Law Nº 19.549 and the Regulation of Administrative Procedures. I decree 1759/72 (T.O. 1991);

f) to Emit reports and to elaborate statistics on the operation, activities and yield of the office;

g) to Act together with the department of technological information and with the Legal Consultantship of the INSTITUTE for the appropriate application of the international agreements of the area. 

ARTICLE 95: The EXECUTIVE POWER will regulate the exercise of the functions of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY. 

TITLE VIII

FINAL AND TRANSITORY DISPOSITIONS

ARTICLE 96: So much the I mount in the tickets like that of the tariffs and annuities and the way of upgrading them they will notice the regulation ordinance.

ARTICLE 96: He mounts of the tickets, tariffs and fixed annuities will be able to be modified by resolution of the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES. 

ARTICLE 97: The patents granted by virtue of the law that you deroga, will conserve its validity granted until its expiration, but they will be subject to the dispositions of this law and its regulation.

ARTICLE 97: The established TERM of validity in the ARTICLE 35 of the Law 24.481 it will only be applied to the applications presented with posteriority to the entrance in validity of this Law. 

ARTICLE 98: This law doesn't exempt of the execution of the requirements settled down by the Law Nº 16.463 for the elaboration authorization and commercialization of pharmaceutical products in the country.

ARTICLE 98: The elaboration authorization and commercialization of pharmaceutical products will be required before the MINISTRY OF HEALTH AND SOCIAL ACTION and, as regards products agroquímicos, in the face of the ARGENTINEAN INSTITUTE OF SANITY AND VEGETABLE QUALITY, clerk of the SECRETARY OF AGRICULTURE, FISHES AND FEEDING of the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES. 

ARTICLE 99: To the applications of patents that are in step in the date in that this law enters in vigor it won't be they applicable the relative thing to the publication of the application foreseen in the article 26 of the present and the patent will only be published in the terms of the article 32.

ARTICLE 99: Without regulating. 

ARTICLE 100: they won't be patentable the inventions of pharmaceutical products before the FIVE (5) years of having published the present law in the Official Bulletin. Until that date he/she won't have validity none of the contained articles in the present law in those that he/she prepares the patentabilidad of inventions of pharmaceutical products, neither those other precepts that are related indissolubly with the patentabilidad of the same one.

ARTICLE 100: applications of patents of pharmaceutical products won't be accepted whose first applications in the country or abroad they had been presented prior to January 1 1995 except for the cases in that the applicants claimed the priority foreseen in the Agreement of Paris with posteriority to this date. In any case the first applications that serve as base for the beginning of the step in the Republic Argentina will be previous to January 1 1994. The same approaches will be continued in the cases of modification or conversion of applications of procedure patents to applications of patents of pharmaceutical products. 

ARTICLE 101: Without damage of that settled down in the previous article, they will be been able to present applications of patents of pharmaceutical products, under the form and conditions settled down in the present law, those that will be granted starting from the FIVE (5) years of having published the present in the Official Bulletin.

The duration of the patents mentioned precedently will be the one that arises of the application of the article 35.

The holder of the patent will be entitled the exclusive on his invention starting from the FIVE (5) years of having published the present law in the Official Bulletin unless the or the third that are making use of his invention without his authorization guarantee the full supply from the internal market to the same real prices. In such a case the holder of the patent will only be entitled to perceive a fair and reasonable retribution of this third that are making use of them from the concession of the patent until his expiration. If there is not agreement of parts, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will fix this retribution in the terms of the article 43. That prepared in this paragraph will be of application unless it corresponds their modification to execute decisions of the adopted World Organization of Trade of conformity with the agreement TRIP's - GATT that you/they are of obligatory observance for the ARGENTINEAN REPUBLIC.

ARTICLE 101: I. - Regarding the investments of pharmaceutical products, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will orchestrate the following procedure for the presentations of application of patents:

a) he/she will Settle down starting from January 1º 1995 the reception of the applications of patents.

b) it will Apply to those applications, starting from January of 1995, 1º identical step and patentabilidad approaches, priority and recovery that to the remaining patentable matters.

c) it will Grant the patent, if it corresponded, once lapsed the period of transition foreseen in the article 100 of the Law, for the TERM of TWENTY (20) counted years from the date of presentation of the application.

II. - From the date of expiration of the period of transition who seeks the limitation from the available resources to the holder of the rights on protected matter it will have begun the acts of exploitation or to have made a significant investment for such acts prior to January 1 1995. In the event of being proven such an end, the holder of the patent will be entitled to perceive the retribution foreseen in the article 102, paragraph third of the law. The authorization won't be been able to confer if the holder of the patent will guarantee the full supply from the internal market to the same real prices. That prepared in this paragraph will be of application unless it corresponds their modification to execute decisions of the World Organization of the Trade that are of obligatory observance for the Republic Argentina.

III.- The application of exclusive rights of commercialization, during the period of transition, it will be presented before the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY, accompanying the necessary elements, so that this certifies:

 a) That the product is object of a patent application before the organism.

b) That with posteriority at January 1º 1995 a patent application has been presented to protect the same product in another country member of the TRIP's GATT, verifying the coincidence among both presentations.

c) That with posteriority at January 1º 1995 a patent has been granted for that product in that other country member of the TRIP's GATT.

d) That with posteriority at January 1º 1995 the commercialization approval has been obtained in that other country member of the TRIP's GATT.

Verified this suppositions, the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY will solve on the origin of the concession of exclusive rights of commercialization in the Republic Argentina, during a period of FIVE (5) counted years starting from the commercialization approval in the Republic Argentina, with the exception that the permission will expire prior to this TERM if previously it is granted or it rejects the patent application made before the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY or the commercialization authorization was revoked.

The concession of the exclusive rights of commercialization will be subordinated to the authorization of the competent organisms, according to that prepared in the article 98 of this regulation.

ARTICLE 102: they will be been able to present applications of patents presented abroad before the sanction of the present law whose matters patentable according to the Law didn't go N º 111 but yes according to this law, whenever they meet the following conditions: to) The first application has been requested in the year previous to the sanction of the present law; b) The applicant proves under the terms and conditions that I/you/he/she foresees the regulation ordinance, to have presented the patent application in foreign country; c) Not you initiate hubiere the exploitation of the invention or the import to commercial scale; d) The validity of the patents that you/they were granted to the help of this article, will finish in the same date in that he/she makes it in the country in that you presented hubiere the first application, provided it doesn't exceed the term of TWENTY (20) years settled down by this law.

ARTICLE 102 : The presentation of applications of patents presented abroad before the sanction of the Law will be made before the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY that will make, to those effects, a special form that will have character of sworn declaration, in the terms of the 102 of the Law and observing the article 100 of this Regulation. 

ARTICLE 103 - Derógase the article 5º of the Law Nº 22.262.

ARTICLE 103: Without regulating. 

ARTICLE 104 - The NATIONAL EXECUTIVE POWER will dictate the regulation of the present law.

ARTICLE 104: Without regulating.

 ARTICLE 105 : Communicates to the NATIONAL EXECUTIVE POWER.