Intellectual property in Argentina: trademarks, patents, copyright, software, trade secrets and technology transfer

Key rules

1. Trademarks (Law 22.362, Decree 242/2019, INPI Res. 583/2025)

What can be registered (art. 1). One or more words with or without meaning; drawings; emblems; monograms; engravings; prints; seals; images; bands; combinations of colours applied in a specific place on products or packaging; wrappers; containers; combinations of letters and numbers; letters and numbers in a special design; advertising slogans; reliefs with distinctive capacity; "and any other sign with such capacity". The INPI trademark page lists word, figurative, mixed, three dimensional, sound, movement and olfactory marks, plus "position, tactile, colour combination and trade dress" (argentina.gob.ar/inpi/marcas).

Not marks at all (art. 2). (a) The necessary or usual name of the goods or services, or descriptive signs; (b) signs that passed into general use before the application; (c) the shape given to the products; (d) the natural or intrinsic colour of the product or a single colour applied to it. The regulation softens (c) and (d): shapes and colours that have acquired distinctiveness, and shapes that are not necessary or usual, can be registered (Decree 242/2019 art. 2).

Cannot be registered (art. 3). (a) A mark identical to an earlier registered or applied mark for the same goods or services; (b) similar marks for the same goods or services; (c) national or foreign appellations of origin, which include geographical indications expressly recognised by Argentina (Decree 242/2019 art. 3); (d) misleading marks; (e) signs contrary to morality; (f) official signs of the Nation, provinces, municipalities and religious and health organisations; (g) signs of foreign nations and recognised international bodies; (h) the name, pseudonym or portrait of a person without consent of that person or heirs up to the fourth degree; (i) names of activities, including company names, that describe the activity, when used for goods (distinctive acronyms within them can be registered); (j) slogans lacking originality.

Change from 11 December 2025: examination on absolute grounds only. INPI Res. 583/2025 (dated 9 Dec 2025, BO 11 Dec 2025) limits the examination of new applications to absolute prohibitions and those related to public order. The relative grounds in art. 3(b) (similar earlier marks), (d) (misleading), (h) (personal names) and (i) (activity designations) are now assessed only if a third party raises them (art. 1). This applies to all pending new applications at any stage (art. 3). The legal basis is TM Law art. 47, which since Law 27.444 expressly lets INPI limit examination in this way. Note that art. 3(a), identical marks, is not on the list, so an identical earlier mark for the same goods can still be raised by the office (unconfirmed). Practical consequence: the office no longer protects you against confusingly similar filings. If you do not watch the Boletín de Marcas and oppose, a similar mark will be granted.

Ownership and priority (arts. 4, 8 and 9). Ownership and the exclusive right are obtained by registration (art. 4). Both applicants and opponents need a "legitimate interest", which may be proved by any means (art. 4; Decree 242/2019 art. 4). Priority is by day and hour of filing, "without prejudice to international treaties approved by Argentina" (art. 8). This is the hook for Paris Convention priority. Argentina approved the Paris Convention by Law 17.011 (BO 17 Nov 1966, per the Infoleg record). The six month trademark priority period is not stated in any source file (unconfirmed). Joint owners must act together to license, transfer and renew, but any of them may oppose, sue and use the mark (art. 9).

Classes. Goods and services are classified under the Nice Classification as approved by Law 26.230 (Decree 242/2019 art. 1). The fee schedule charges per application "with protection up to 20 positions of the nomenclator", plus 4 UMAPI for each additional position (codes 110001 and 110100). The UMAPI itself is defined as one hundredth of the fee for "a new trademark application, in one class, with up to 20 indications" (Res. 75/2026 art. 3). This confirms that each class is a separate application (unconfirmed). INPI may grant an application partially for some goods only. The partial grant implies refusal for the rest, and goods recovered on appeal are added with the original 10 year term (Decree 242/2019 art. 5).

Formalities and foreign applicants (art. 10; Decree 242/2019 arts. 10 and 12). The application must contain the name, real domicile and special electronic domicile, a description of the mark and the goods or services (art. 10). Applicants with a real domicile abroad must, in addition to the electronic domicile, constitute a special domicile in the City of Buenos Aires (Decree 242/2019 art. 10). That domicile is valid for jurisdiction and for serving nullity, revendication and lapse lawsuits, although the judge extends the time to answer in view of the defendant's real domicile (TM Law art. 11). The signature of the applicant and the sign itself are non curable requirements: if either is missing, the application is null by operation of law. The same applies if the class or goods are missing so that the scope cannot be known. Other formal defects get a 10 business day cure period, and a misclassification also gets 10 business days (Decree 242/2019 art. 12). Any filing without the fee is treated as not filed (Decree 242/2019 art. 47). The publication shows, among other data, the registration number of the industrial property agent handling the file, if any (Decree 242/2019 art. 12). The law does not say whether a registered agent is compulsory for foreign applicants (unconfirmed). INPI regulates the agents' profession and keeps their register (Decree 242/2019 art. 47), and agents pay an annual registration fee (code 789000, 117 UMAPI).

Procedure. The statutory sequence in TM Law art. 12 is publication first, then search and registrability opinion within 30 days. Since 1 March 2026, under the power in art. 47, INPI runs formal and registrability examination before publication. With no objections, or once they are cured, it publishes the application for one day in the Boletín de Marcas. After 30 calendar days it grants the applications that received no oppositions (Res. 583/2025 arts. 2 and 4). Oppositions must be filed electronically within 30 calendar days of publication, with the opponent's name, domiciles and grounds (TM Law arts. 13 and 14). The applicant is notified of oppositions and of the office's objections (art. 15). The applicant has 30 calendar days to answer office objections, or 3 months in total when objections and oppositions are notified together (Decree 242/2019 art. 15). If the oppositions have not been withdrawn 3 months after notice, the DNM resolves them administratively (TM Law art. 16). During those 3 months the parties may use any alternative dispute resolution method (Decree 242/2019 art. 16). Late oppositions, or those whose filing or maintenance fee was not paid, do not open the procedure, but the DNM may consider them on public order grounds (Decree 242/2019 art. 16). The procedure must allow the opponent to expand its grounds and both parties to offer evidence (TM Law art. 17). It is regulated by INPI Res. P-183/18, which is not in the source files (unconfirmed). Opposition decisions can only be challenged by a direct appeal to the National Civil and Commercial Federal Court of Appeals within 30 business days, filed at INPI (TM Law art. 17). Refusals on other grounds are challenged in ordinary proceedings before the federal civil and commercial courts within 30 business days (art. 21). Trademark files are publicly accessible (art. 22).

Term, use and renewal (arts. 5, 20 and 26). Ten years, counted from grant; renewals run from the expiry of the renewed registration (art. 5; Decree 242/2019 art. 5). A renewal may cover fewer goods but never more (Decree 242/2019 art. 5). To renew, the mark must have been used within the 5 years before expiry in the sale of a product, the provision of a service or as part of an activity designation (art. 5). The renewal application includes a DJ stating whether the mark was used in at least one of the classes, or as a designation, and for which goods, services or activity (art. 20). INPI sets the filing window and may allow a grace period, without prejudice to third party rights arising in between (Decree 242/2019 art. 20). A fee exists for "renewal of an expired registration within the grace period" (code 171000, 200 UMAPI), but the length of that grace period is not in the source files (unconfirmed).

Mid term declaration of use (art. 26, last paragraph). After the fifth year from grant and before the sixth year expires, the owner must file a DJ on the use made of the mark up to that time. Failing to file creates a presumption of non use, rebuttable by evidence. If the DJ was not filed on time, a renewal filed in time is not processed until the DJ is filed and the late fee is paid (Decree 242/2019 art. 26). The fees are 44 UMAPI for a timely DJ (code 181000) and an additional 22 UMAPI per year of delay for a late one (code 182000, "annual fee in addition to the timely declaration").

Lapse for non use (art. 26). INPI declares a mark lapsed (caducidad), on its own motion or at a party's request and even partially, for the goods or services on which it was not used in Argentina in the 5 years before the lapse request, unless there is force majeure. Use for related goods or services, even in other classes, or use as part of the designation of a related activity, saves the registration. Lapse decisions are appealed directly to the Civil and Commercial Federal Court of Appeals within 30 business days. Until INPI sets its own procedure, Law 19.549 on Administrative Procedure applies in a supplementary way (Decree 242/2019 art. 26). The lapse request fee is 666 UMAPI, or 333 UMAPI when it is raised as a defence within an opposition (codes 169000 and 169200).

Nullity (arts. 24 and 25). A registration is null if it was (a) granted in breach of the law; (b) filed by someone who knew or should have known that the mark belonged to a third party; or (c) filed, for the purpose of selling it, by someone who habitually registers marks for that purpose. INPI resolves nullity under (a) administratively, on its own motion or at a party's request, with a direct appeal within 30 business days. Grounds (b) and (c) remain judicial. The nullity action prescribes in 10 years (art. 25). The administrative nullity fee is 666 UMAPI, or 333 UMAPI within an opposition (codes 168000 and 168200).

Assignment and licences (arts. 6, 7 and 9). An assignment is valid against third parties once recorded at INPI (art. 6). The sale of a going concern includes the mark unless otherwise agreed (art. 7). The recordal fee is 196 UMAPI (code 710001). The INPI page says marks can be licensed exclusively or non exclusively and pledged (argentina.gob.ar/inpi/marcas); pledges are recorded for 32 UMAPI (code 490000). For trademark licences granted from abroad, see the technology transfer section below.

Designations (arts. 27 to 30). The name or sign that designates an activity is property acquired by use, only within the line of business, and must not be confusable with earlier designations in that line (arts. 27 and 28). An opposition action prescribes one year after the third party began public and open use, or after the claimant learned of it (art. 29). The right ends when the activity ceases (art. 30).

2. Patents and utility models (Law 24.481, t.o. Decree 260/96)

Who may apply (art. 3). Argentine or foreign individuals or legal entities "with real or constituted domicile in the country". Every application must constitute a legal domicile in Argentina and report changes; otherwise notices are valid at the domicile on file (art. 69).

Patentability (art. 4). Product or process inventions that are new, involve an inventive step and are industrially applicable. Industry includes agriculture, forestry, livestock, fishing, mining, manufacturing and services (art. 4(e)). The state of the art is anything made public anywhere before the filing or priority date (art. 4(c)). Grace period: a disclosure by the inventor or successors within 1 year before filing or priority, including at an exhibition, does not destroy novelty, provided supporting documents are filed with the application (art. 5).

Not inventions (art. 6). Discoveries, scientific theories and mathematical methods; literary, artistic and scientific works; plans, rules and methods for intellectual activities, games or economic and commercial activities, "as well as computer programs"; presentations of information; surgical, therapeutic and diagnostic methods applicable to the human body and to animals; juxtapositions of known inventions or mixtures of known products, unless combined so that they cannot work separately or produce a non obvious result; and all living matter and substances pre-existing in nature.

Not patentable (art. 7). Inventions whose exploitation must be prevented to protect public order, morality, health, life, plants or the environment; and all biological and genetic material existing in nature or its replica, in the biological processes of animal, plant and human reproduction.

Rights conferred (art. 8, as replaced by Law 25.859, BO 14 Jan 2004). For a product: to prevent unauthorised manufacture, use, offer for sale, sale or import. For a process: to prevent use of the process and the use, offer, sale or import of the product directly obtained by it. The scope is set by the claims, interpreted by the description and drawings (art. 11). Exceptions include private or academic non commercial experimental research, pharmacy preparations made to a prescription and, importantly, international exhaustion: anyone may buy, use, import or sell a patented product once it has been lawfully put on the market in any country, "lawful" being measured against TRIPS (art. 36(c)). Law 24.766 art. 8 adds a regulatory review (Bolar type) exception: a third party may use a patented invention before expiry for experiments and to gather data for marketing approval after expiry.

Employee inventions (art. 10). Inventions made by an employee whose job includes inventive activity belong to the employer. The employee gets extra pay only if the contribution clearly exceeds the job content. If the job does not include inventing but the invention relates to the employee's work and relied mainly on company knowledge or means, the employer may take ownership or reserve exploitation rights within 90 days of the invention, paying fair compensation. If the employer licenses the invention to a third party, the inventor may claim up to 50% of the royalties received. An invention is presumed made during employment if filed up to 1 year after the inventor left. Any advance waiver by the employee is null.

Priority (arts. 13 and 14; Patent Regulation arts. 13, 14 and 57). A first filing abroad gives priority for 1 year (art. 13). It must be claimed on filing. The claim is a sworn statement, and the ANP may ask for the priority document and the assignment, plus a Spanish translation, at substantive examination. The applicant then has 3 months to provide them in electronic form, or the priority falls (Patent Regulation art. 14, as replaced by Decree 403/2019, BO 6 Jun 2019). The Argentine application must not be broader than the foreign one, otherwise the priority is only partial, and there must be reciprocity with the country of first filing (art. 14). The priority date is set as provided by Law 17.011, the Paris Convention (Patent Regulation art. 13). For utility models filed under the Paris Convention, the priority document and assignment, with translations, are due within 3 months of filing (Patent Regulation art. 57).

Procedure. A filing date requires a request, the applicant's identity, and a description with one or more claims (art. 18). If the title and description, drawings, claims and abstract are not complete within 30 calendar days of filing, the application is refused outright (art. 19). Unpaid filing fees make the filing null (art. 67). Representation is a sworn statement, and a gestor de negocios (agent acting without a power) must ratify within 40 business days (art. 68). The ratification fee is 35 UMAPI (code 190010 for marks and 244000 for designs; the patent ratification code was not found in the annex (unconfirmed)). Preliminary examination is ordered at 90 days from filing, and the applicant has 30 days to cure objections (art. 24; Patent Regulation art. 24). The application is confidential until published (art. 25). Publication is within 18 months of filing, or earlier on request (art. 26; fee 48 UMAPI, code 320000). Third parties may file observations within 60 days of publication (art. 28; fee 75 UMAPI, code 301000). Substantive examination needs the fee paid (art. 27). If the examination fee is not paid within 18 months of filing, the application is treated as withdrawn (art. 27, fourth paragraph, as replaced by Law 27.444). The ANP may ask for foreign examination reports (art. 27). Office actions are answered within 60 days (art. 28). Applications may be converted between patent and utility model within 30 days of filing or of an ANP request (art. 23). Grants are published on the INPI website (art. 32). A refusal can be appealed to the INPI President within 30 business days (art. 72). The fee schedule also lists a "priority patent examination" (PEP, code 333001, no fee, with a PEP search at 222 UMAPI, code 574000) and a request under INPI Res. P-056/16 (525 UMAPI, code 333000). Neither instrument is in the source files (unconfirmed).

Term (art. 35). 20 years from filing, not extendable. Patents of addition run for the remaining life of the main patent (art. 52).

Utility models (arts. 53 to 58). A new arrangement or form of known tools, instruments, utensils, devices or objects that improves their function. A utility model cannot be granted within the scope of a patent in force (art. 53). Requirements are novelty and industrial character; no inventive step is required (art. 55, as replaced by Law 27.444). The term is 10 years from filing, not extendable (art. 54). The examination fee must be paid within 3 months of filing, or the application is treated as withdrawn. After examination the application is published and third parties have 30 calendar days to observe (art. 57, as replaced by Law 27.444).

Annuities and lapse (art. 62). Patents and utility models lapse at the end of their term, on renunciation, for non payment of annual maintenance fees and, where a third party has been allowed to use the invention, if it is not worked within 2 years for reasons attributable to the owner. After each due date there is a 180 day grace period to pay the updated fee; after that the right lapses, except for force majeure (art. 62(c)). Lapse and nullity operate by operation of law (art. 63). The source files do not say from which year annuities are counted (filing or grant) or when each one falls due (unconfirmed). The fee schedule prices them by year of life: years 1 to 3, 4 to 6, 7 to 10, 11 to 15 and 16 to 20, with surcharged amounts for late payment (codes 361000 to 365700).

Compulsory licences and working (arts. 42 to 50; Patent Regulation art. 43). Three routes:

• Non working: after 3 years from grant or 4 years from filing, if the invention is not worked, no serious preparations have been made, or working stopped for more than 1 year, anyone may ask INPI for authorisation to use it (art. 43). Force majeure includes delays in public marketing authorisations, but lack of funds or of economic viability does not count. The applicant must first have tried for 150 calendar days to obtain a voluntary licence on reasonable terms (arts. 42 and 47(c)). Working a product means "distribution and marketing sufficient to satisfy the demand of the national market on reasonable commercial terms" (Patent Regulation art. 43). INPI sets a reasonable royalty, considering average sector royalty rates, and must decide within 90 business days. Its decision can be appealed to the federal civil and commercial courts without suspensive effect (art. 43). The requester must have the economic capacity and an authorised establishment to work the invention (art. 50). The fee for a compulsory licence request is 711 UMAPI (code 301120).
• Anticompetitive practices: when the competent authority finds that the owner engaged in anticompetitive practices, such as excessive or discriminatory prices, refusal to supply the local market on reasonable terms or obstruction of commerce, the licence is granted without the 150 day negotiation (art. 44). See /guide/regulation/antitrust/.
• Public interest and dependent patents: the Executive may order exploitation for health emergency or national security (art. 45). A second patent that cannot be worked without infringing a first one may obtain a licence if it is a significant technical advance of considerable economic importance, with a cross licence for the first owner (art. 46).

Licences under these rules are non exclusive, not assignable except with the business, mainly for the domestic market (except arts. 44 and 45) and subject to reasonable remuneration (art. 47). For semiconductors, only public non commercial use or a remedy against a declared anticompetitive practice is allowed (art. 47(i)).

Contractual licences (arts. 37 to 40). Patents and utility models may be assigned and licensed in whole or in part. An assignment takes effect against third parties once recorded at INPI (art. 37). Licences must not contain restrictive clauses that affect the licensee's production, marketing or technological development or restrict competition. The law cites as examples exclusive grant back conditions, no challenge clauses and compulsory package licensing (art. 38). Unless agreed otherwise, a licence is non exclusive (art. 39). The licensee may sue infringers only if the owner does not (art. 40).

Pharmaceuticals. Patentability of pharmaceutical products was deferred for 5 years from the law's publication (arts. 100 and 101). The patent law does not replace marketing authorisation under Law 16.463 (art. 98). Data submitted to health authorities is protected against unfair commercial use under Law 24.766 arts. 4 to 10 (see section 5).

3. Industrial designs (Decree Law 6.673/63)

• Subject matter (art. 3, as replaced by Law 27.444): the forms incorporated in, or the appearance applied to, an industrial or craft product that give it an ornamental character.
• Registration is required at INPI's Directorate of Models and Industrial Designs to enjoy the rights (art. 4). The first registrant is presumed to be the author (art. 5).
• Excluded (art. 6): designs published or publicly exploited anywhere before the filing date. There is a 6 month grace period for disclosures by the author, disclosures in bad faith by third parties, or erroneous publication by INPI. Also excluded are designs without a distinct and new appearance, designs dictated by technical function, mere colour changes, and designs contrary to morality or public order.
• Multiple applications: up to 20 designs per application if all are in the same Locarno class (art. 9), with divisional applications keeping the filing date (art. 9).
• Examination: the application can only be refused for formal defects (art. 12). Publication of the grant may be deferred for up to 6 months from registration on request at filing (art. 16).
• Term (art. 7): 5 years from filing, renewable for two consecutive 5 year periods. Renewal is filed in the last 6 months of the term, or within 6 months after expiry with a surcharge (art. 11; fee 140 UMAPI in time, code 220000, or 280 UMAPI late, code 231000).
• Foreign authors are protected if their country grants reciprocity (art. 2).
• Employees (art. 1): designs created by employees belong to the author, unless the author was hired specially to create them or merely executed instructions. Joint creations of employer and employee belong to both.
• Assignment (art. 15): an assignee cannot invoke the registration until the transfer is recorded at INPI.
• Cancellation (arts. 17 and 18): only by final judgment of the federal courts. The action, and the author's revendication action against a registration made in bad faith, prescribe 5 years after the filing date.
• Overlap with copyright (art. 28): a design that could also be deposited under Law 11.723 cannot rely on both laws at the same time in court.

4. Copyright and software (Law 11.723, Law 25.036)

• Works (art. 1, as replaced by Law 25.036, BO 11 Nov 1998): writings of all kinds, including computer programs in source and object code, compilations of data or other material, dramatic and musical works, films, choreography, drawings, painting, sculpture, architecture, models and works of art or science applied to commerce or industry, plans, maps, photographs and phonograms. Protection covers the expression of ideas, procedures, methods of operation and mathematical concepts, not the ideas themselves.
• Owners (art. 4): the author, heirs and successors, authorised translators and adapters, and, under art. 4(d), "individuals or legal entities whose employees hired to develop a computer program produced it in the performance of their work duties, unless otherwise agreed". The law has no equivalent general rule for other works created by employees (unconfirmed).
• Term (art. 5, as replaced by Law 24.870, BO 16 Sep 1997): the author's life plus 70 years from 1 January of the year after death. For joint works the period runs from the death of the last co-author. Anonymous works owned by institutions or legal entities are protected for 50 years from publication (art. 8). Performers and phonogram producers get 70 years from publication (art. 5 bis, Law 26.570, BO 14 Dec 2009).
• Software specific rules: a licensee may make one backup copy, identified with the licensee's name and date, usable only to replace a lost or unusable original (art. 9). Exploitation of software "includes, among other forms, licence contracts for its use or reproduction" (art. 55 bis). For software, the deposit consists of the elements and documents set by the regulation (art. 57 in fine); that regulation is not in the source files (unconfirmed).
• Patents do not cover software as such: computer programs are excluded as inventions by Patent Law art. 6(c). Software is therefore protected mainly by copyright, contracts and trade secrets.
• Registration and deposit (arts. 57 to 63). Publishers must deposit copies of published works within 3 months of publication; a publisher who fails to do so is fined ten times the retail value of the copy (arts. 57 and 61). Applications are published in the BO, and if nobody objects within one month the registry inscribes the work and issues a definitive title on request (art. 59). Unpublished works may be deposited as a copy of the manuscript with a certified signature (art. 62). Art. 63 states that "failure to register suspends the author's right until registration is made", which then restores the rights for the remaining term. Reproductions made in the meantime remain valid. The registry also inscribes publishing, translation, sale and assignment contracts (art. 66).
• Foreign works (arts. 13 to 15): all provisions, except the deposit duty in art. 57, apply to works published abroad by nationals of countries that recognise copyright. The foreign author only needs to show compliance with the formalities of the country of publication (art. 14). Protection cannot exceed the term granted in the country of publication (art. 15).

How to read art. 63. Taken literally, art. 63 makes registration a condition for exercising rights over published Argentine works. Art. 14 frees foreign works from Argentine formalities. Art. 79 says that "no formality is required to establish the rights of the author", and that disputes are decided under the ordinary rules of evidence. The source files contain no court ruling or Berne Convention text that reconciles these articles (unconfirmed). Practical advice: register software and key works with the DNDA before any dispute, both because of art. 63 and because ITL art. 104(b) requires registration "with the Dirección Nacional del Derecho de Autor" for the reduced withholding on copyright royalties.

5. Trade secrets and confidential information (Law 24.766)

• What is protected (art. 1): information legitimately under a person's control, while it (a) is secret, meaning not generally known or readily accessible to people in the relevant circles, as a body or in the precise arrangement of its parts; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps to keep it secret. Acts contrary to honest commercial practices include breach of contract, breach of confidence, inducement to breach, and acquisition by third parties who knew, or through gross negligence did not know, that the acquisition involved such practices.
• Form (art. 2): information in documents, electronic or magnetic media, optical discs, microfilm, film and similar media.
• Duty of employees and business partners (art. 3): anyone who has access through work, office, profession or business relationship to qualifying information, and has been warned that it is confidential, must not use or disclose it without just cause or consent. The warning is a condition, so NDAs, confidentiality clauses and marking matter.
• No exclusive right (art. 11): the law gives no exclusive right. The holder may seek injunctions to stop the conduct and civil actions to prohibit use and recover damages. Criminal liability follows the Penal Code rules on violation of secrets (art. 12), which are not in the source files (unconfirmed).
• Regulatory data (arts. 4 to 10): test data on new chemical entities submitted for marketing approval is protected against unfair commercial use if it meets art. 1 and reflects significant effort (art. 4). The law then sets a fast route for "similar" products already approved in Argentina or in the countries of Annex I (United States, Japan, Sweden, Switzerland, Israel, Canada, Austria, Germany, France, United Kingdom, Netherlands, Belgium, Denmark, Spain and Italy). The health authority must decide within 120 days, and such approval "does not imply use of the protected confidential information" (art. 5). The law sets no fixed exclusivity term. Information is protected only while it meets art. 1 (art. 9).

6. Technology transfer contracts (Law 22.426, INPI Res. 38/2026)

• Scope (art. 1): onerous legal acts whose main or ancillary object is the transfer, assignment or licence of technology or trademarks by persons domiciled abroad in favour of persons domiciled in Argentina, when they have effects in Argentina. Purely domestic contracts are outside art. 1. INPI nonetheless has a fee for registering technology transfer and trademark licence contracts between parties domiciled in Argentina (code 640000, 75 UMAPI).
• Information only registration (art. 3; Res. 38/2026). Art. 2 of the Infoleg text still requires approval of contracts between a local company with foreign capital and its controlling company or affiliates. Art. 5 says such contracts are approved only on arm's length terms and never when they provide for payments for trademarks. However, the recitals of INPI Res. 38/2026 state that Law 23.697 repealed art. 2, and that Decree 1853/93 (the consolidated Foreign Investment Law 21.382) provided that those contracts are also registered for information only. The provisions that refer to art. 2 are therefore inapplicable. Registration "is currently optional and merely informative". Decree 862/2019 art. 264 also refers only to art. 3 and to Decree 1853/93. The Infoleg updated text of Law 22.426 does not show art. 2 as repealed, which is a documentary inconsistency (unconfirmed). Art. 9 (tax consequences of non registration) was repealed by Law 27.430 art. 81(a) (BO 29 Dec 2017). Art. 13 still names the National Institute of Industrial Technology (INTI) as the authority, but Patent Law art. 90 makes INPI the authority for Law 22.426.
• Res. 38/2026 (dated 29 Jan 2026, BO 2 Feb 2026) repealed INPI Res. 328/2005 and approved a new "Regulation for the Registration of Technology Transfer Contracts" (Annex IF-2026-09953208-APN-DTT#INPI). It applies to pending applications (art. 4). The INPI certificate under Decree 862/2019 art. 263 is issued from the RTT system of the Technology Transfer Directorate (art. 3). Until a new form is approved, the current application form RG10 is used (art. 5). Its key rules:
• Sworn statement principle for everything filed, with Law 22.426 art. 14 penalties under the tax procedure law for deceptive statements (Annex A).
• Only three requirements (Annex B): the completed form; the contract and its translation, without certification of signatures; and the fee. No consular legalisation or apostille is ever required, even for contracts signed abroad.
• Fee conversion: the fee is computed on the contract amount converted at the Banco de la Nación Argentina selling rate (transfer rate, or banknote rate if there is none) for the contract currency on the business day before filing (Annex B). The proceeding and the certificate stay in the contract currency (Annex H).
• Only contracts within Law 22.426 art. 1 whose object falls wholly or partly under ITL art. 104(a)(1) or (2) can be registered (Annex C). For technical assistance, engineering or consulting not obtainable in Argentina (art. 104(a)(1)), the applicant's sworn statement is enough proof that it cannot be obtained locally. If the services are declared obtainable locally, or the contract mixes both types, it is registered under art. 104(a)(2) (Annex C). No clause, price or condition can block registration (Annex C).
• Either party may file (Annex E). The contract is presumed to exist unless the lack of perfection is obvious (Annex G).
• Timing traps (Annex I to K): an expired contract cannot be registered. Renewals and extensions are a new period, and the new certificate must be requested while that renewal is in force. The period requested must have exact start and end dates and cannot exceed the contract term.
• Amounts already paid before filing cannot be included in the registration and certificate. Accrued but unpaid amounts may be included, even from earlier tax years. A contractual gross up may be included, and is presumed assumed by the local party if included and filed by it (Annex J). Amounts can be increased later by paying the fee on the difference (Annex L).
• Objections: 30 calendar days to answer, automatically extendable three times (Annex M).
• The Infoleg text of the annex ends at point M, while the signature page states the annex has 3 pages (unconfirmed).
• Capital contributions: technology and marks may be contributed as capital where company law allows, valued by the authority (art. 11).

7. Tax effect of INPI registration (cross reference)

This is a summary for orientation; the tax section of the guide is the authority. All figures come from the ITL t.o. 2019 and Decree 862/2019 as they stand in the source files, which may not reflect every 2026 change.

When a contract mixes 60% and 80% items without splitting them, the higher percentage applies (ITL art. 104(a); Decree 862/2019 art. 267). On the deduction side, fees for technical advice from abroad are deductible only up to 3% of the sales used as the contractual base or 5% of the investment made with the advice (ITL art. 92(e); Decree 862/2019 art. 228). Only 80% of royalties for the exploitation of trademarks and patents paid to foreign parties is deductible, for related and unrelated parties alike, with related parties also subject to arm's length pricing (ITL art. 92(m); Decree 862/2019 art. 229). Amortisation of trademarks is not deductible (ITL art. 92(h)). Treaty rates and VAT on imported services are outside this page. See /guide/taxes/withholdings/, /guide/taxes/treaties/ and /guide/taxes/transfer-pricing/.

FX. Whether a royalty can be paid through the official exchange market, and on what documentation, is a BCRA matter covered in /guide/fx/imports-services-payments/. No BCRA rule tying royalty payments to INPI registration was reviewed for this page (unconfirmed).

8. Enforcement

The fine amounts are stale. The ARS 4,000 to ARS 100,000 trademark fine is set in nominal pesos. Decree 242/2019 art. 31 says the fines "will be updated in fees corresponding to new trademark applications with an initial base of ARS 100,000 and up to a maximum of ARS 660,000". The wording does not make clear how the update works in practice. The copyright fines in arts. 73 and 74 are expressed in pesos last raised by Law 24.286, BO 29 Dec 1993.

Customs. The Customs Code treats copyright and intellectual property rights as "merchandise" for its own purposes (Law 22.415 art. 10.2(b)). The source files contain no customs border measure procedure for suspected counterfeits, so customs enforcement can only be described here as far as Patent Law art. 83.II goes (unconfirmed). The Mercosur agreements with the EU and EFTA include chapters on enforcement and border measures that reaffirm TRIPS. The official summaries say the parties will make "best efforts" to comply with the Madrid Protocol, which suggests Argentina is not yet a member (argentina.gob.ar pages on the EU and EFTA agreements) (unconfirmed).

9. TRIPS and international framework

Law 24.425 (sanctioned 7 Dec 1994, BO 5 Jan 1995, promulgated by Decree 2279/94) approved the Uruguay Round Final Act and the Marrakesh Agreement establishing the WTO, including Annex 1C, the Agreement on Trade Related Aspects of Intellectual Property Rights (art. 1 and annex list, Infoleg id 799). The Patent Law refers to TRIPS for exhaustion (art. 36(c)) and for WTO decisions on pharmaceuticals (art. 101). The Paris Convention was approved by Law 17.011 (BO 17 Nov 1966). Its text is not in the source files, only the Infoleg record (unconfirmed). The Berne Convention approval law is not in the source files (unconfirmed).

Terms and renewals

INPI fee table (Res. 75/2026 annex as substituted by Res. 78/2026)

Peso amounts are those printed in the annex ("ARS at the date of the Resolution, 1 UMAPI = ARS 360"). Since 1 May 2026 INPI charges the UMAPI count times the CPI adjusted UMAPI value published on its portal (Res. 75/2026 arts. 5 and 6). The ARS and US$ columns are therefore a floor, not the current price (unconfirmed). Source: transcription of res78cuadro.jpg, Infoleg anexos folder 424092.

Notes on the table:

• The UMAPI does not apply to fee differences, variable fees, or fees based on a percentage of contract value (Res. 75/2026 art. 7). So the 0.25% technology transfer fee is computed in pesos, but its minimum is expressed in UMAPI (code 610000).
• The annex does not define "PyME" for the discounts or the proof required (unconfirmed). Discounts are "subject to rounding" without a rounding rule.
• The annex refers to item "7.10.2" for excess pages in digital copies, a numbering that does not exist in the code based annex (unconfirmed).
• Spontaneous divisional applications not required by the ANP pay double fees (code 308000).

Filing timelines

Timeline of norms

Step by step

A. Registering a trademark (foreign or local applicant)

1. Search. Check the INPI database ("Averiguá si tu marca está registrada" on argentina.gob.ar/inpi/marcas). Optionally order an INPI phonetic search (22 UMAPI per class, code 141100) or a search by owner (40 UMAPI, code 142000). Since the office no longer raises similar earlier marks on its own motion (Res. 583/2025), your search is now your main protection against a later opposition.
2. Classify. Choose the Nice class or classes and draft the goods or services list. Each class is priced as a separate application of up to 20 positions, plus 4 UMAPI per extra position. INPI offers a classification opinion (12 UMAPI, code 151000).
3. Set up representation. A foreign applicant needs an electronic domicile and a special domicile in the City of Buenos Aires (Decree 242/2019 art. 10), in practice the office of a local agent or attorney. Record the power of attorney (22 UMAPI, code 480000) if acting through a representative (unconfirmed). If filing urgently without a power, the agent may act as gestor and ratify later (35 UMAPI, code 190010).
4. File online through the INPI procedures portal, with the applicant's signature, the sign, the class and goods (non curable requirements, Decree 242/2019 art. 12). Claim Paris priority if relevant (TM Law art. 8) (unconfirmed). Pay 100 UMAPI per class (code 110001).
5. Examination before publication (from 1 Mar 2026): cure formal objections within 10 business days and answer substantive objections within 30 calendar days (Decree 242/2019 arts. 12 and 15).
6. Publication and opposition window: one day in the Boletín de Marcas, then 30 calendar days (TM Law art. 13; Res. 583/2025 art. 2).
7. If opposed: negotiate for 3 months. If the opposition remains, the opponent pays 500 UMAPI to keep it alive (code 161000) and the applicant pays 50 UMAPI (code 170000). The DNM then decides, and the decision can be appealed to the federal appeals court within 30 business days.
8. Grant and certificate: the certificate is electronic and digitally signed (Decree 242/2019 art. 44). Diary the dates: 5th anniversary (DJ window opens), 6th anniversary (DJ deadline) and 10th anniversary (renewal).
9. Year 5 to 6: file the DJ of use (44 UMAPI per registration, code 181000).
10. Year 10: renew with the use DJ (200 UMAPI per registration, code 120001).

Who, how, cost: applicant or agent; online only; 100 UMAPI per class plus agent fees (unconfirmed); minimum time from filing to grant is examination plus 30 days, with no statutory maximum for INPI's examination.

B. Filing a patent in Argentina (including from a foreign priority)

1. File within 12 months of the first foreign application to keep priority (Patent Law art. 13). Constitute a domicile in Argentina (art. 69).
2. Submit the request, the applicant's identity, the description and claims to secure a filing date (art. 18). Pay 266 UMAPI plus 18 per claim above 10 (codes 311000 and 312000), or half that with the 309001 discount. Complete the drawings and abstract within 30 days (art. 19).
3. Claim priority as a sworn statement. Keep the priority document, assignment and translation ready for a request at examination, which must then be answered within 3 months (Patent Regulation art. 14).
4. Answer preliminary examination objections within 30 days (art. 24).
5. Pay substantive examination before month 18 from filing (444 UMAPI plus 18 per extra claim), or the application is treated as withdrawn (art. 27).
6. Publication at 18 months, or earlier on request (art. 26). Third parties have 60 days to file observations (art. 28).
7. Answer substantive office actions within 60 days (art. 28). Use the extension items if needed (58 UMAPI per request, codes 341000 to 343000).
8. Grant is published on the INPI website (art. 32). Pay annuities on time; there is a 180 day grace period with a surcharge (art. 62(c)).
9. By year 3 after grant (or 4 after filing) be working the invention in Argentina, or be ready to defend against compulsory licence requests (art. 43).

C. Registering a technology transfer or licence contract with INPI

1. Confirm the contract falls within TT Law art. 1 (licensor abroad, licensee in Argentina, onerous, effects in Argentina) and that its object is ITL art. 104(a)(1) or (2) (Res. 38/2026 Annex C).
2. File before paying. Amounts paid before the filing cannot be certified (Annex J). Either party may file (Annex E).
3. Complete form RG10 (Res. 38/2026 art. 5), attach the contract and a translation, without signature certification, apostille or legalisation (Annex B).
4. State the exact period requested within the contract term (Annex K), and the amounts, including any gross up (Annex J).
5. Compute the fee: 0.25% of the economic value of the contract, converted at the BNA selling rate of the previous business day, with a minimum of 90 UMAPI (code 610000; Annex B).
6. Answer objections within 30 calendar days, extendable (Annex M).
7. Obtain the certificate under Decree 862/2019 art. 263 from the RTT system and give it to whoever withholds tax on the payments.
8. Before the contract or the certified period expires, request a new certificate for the renewal period while it is in force (Annexes D and I).

D. Protecting software and confidential information

1. Put IP assignment and confidentiality clauses in employment and contractor agreements. For employees, software belongs to the employer unless otherwise agreed (Law 11.723 art. 4(d)), but contractors are not covered by that rule. For patentable inventions the employee rules of Patent Law art. 10 apply, and advance waivers are null.
2. Register the software with the DNDA, following the deposit rules of Law 11.723 art. 57 (unconfirmed).
3. Keep a trade secret programme: identify secret information, restrict access, warn recipients in writing (Law 24.766 art. 3) and document the reasonable measures (art. 1(c)).
4. License to Argentine users under written licences (art. 55 bis), and register cross border licences with INPI where the tax treatment depends on it.

Worked examples

Example 1: official fees to register and keep one trademark in two classes for 10 years

A foreign software company files its brand in class 9 (downloadable software, 25 indications) and class 42 (SaaS, 15 indications). Fee levels are those of the Res. 75/2026 annex as corrected by Res. 78/2026, with ARS figures at the ARS 360 starting UMAPI value.

Step 1. Filing (codes 110001 and 110100). * Class 9: 100 UMAPI + 5 extra positions × 4 = 120 UMAPI. * Class 42: 100 UMAPI (15 indications, within the 20 included). * Subtotal: 220 UMAPI = ARS 79,200 = about US$50.64.

Step 2. Declaration of use between the 5th and 6th anniversary of grant (code 181000). * 2 registrations × 44 UMAPI = 88 UMAPI = ARS 31,680 = about US$20.26. * If filed one year late: + 2 × 22 UMAPI = 44 UMAPI (code 182000), ARS 15,840, about US$10.13 (unconfirmed).

Step 3. Renewal at the 10th anniversary (code 120001). * 2 × 200 UMAPI = 400 UMAPI = ARS 144,000 = about US$92.08.

Total: 220 + 88 + 400 = 708 UMAPI = ARS 254,880 at the starting value = about US$162.98 at MEP ARS 1,563.90.

Optional extras: recording a power of attorney, 22 UMAPI (ARS 7,920, about US$5.06). Answering an opposition costs the applicant 50 UMAPI (ARS 18,000, about US$11.51), while the opponent pays 100 + 500 UMAPI. Agent fees are extra and unregulated (unconfirmed).

Reading the result. The UMAPI count (708) is what will hold over time. The peso amount payable at each step is the UMAPI count times the UMAPI value in force on the payment date, which has been CPI adjusted monthly since 1 May 2026 (Res. 75/2026 arts. 5 and 6). Fees for years 5 and 10 will therefore be higher in pesos than shown. A single class registration costs 100 + 44 + 200 = 344 UMAPI (ARS 123,840, about US$79.19), the figure used in the Summary.

Example 2: patent annuity schedule for the first 10 years

A 15 claim patent application. The annuity years are numbered as in the fee schedule. Whether year 1 runs from filing or from grant is not stated in the files (unconfirmed).

Pre-grant fees: * Filing: 266 + 5 × 18 = 356 UMAPI = ARS 128,160 = US$81.95. * Substantive examination: 444 + 5 × 18 = 534 UMAPI = ARS 192,240 = US$122.92. * Subtotal: 890 UMAPI = ARS 320,400 = US$204.87.

Annuities, standard rate:

Annuities for years 1 to 10: 3,197 UMAPI = ARS 1,150,920 = US$735.93. Total with pre-grant fees: 4,087 UMAPI = ARS 1,471,320 = US$940.80.

Same patent owned by an SME, individual or public university: * Pre-grant fees at 50% (code 309001): 445 UMAPI = ARS 160,200 = US$102.44. * Years 1 and 2 at full rate (the 309002 discount starts in year 3): 266 UMAPI. * Year 3 at 50%: 66.5 UMAPI = ARS 23,940 = US$15.31. * Years 4 to 6 at 50%: 3 × 111 = 333 UMAPI (ARS 39,960, US$25.55 each). * Years 7 to 10 at 50%: 4 × 266.5 = 1,066 UMAPI (ARS 95,940, US$61.35 each). * Annuities for years 1 to 10: 1,731.5 UMAPI = ARS 623,340 = US$398.58. * Total: 2,176.5 UMAPI = ARS 783,540 = about US$501.02 (before the unspecified rounding rule).

Late payment cost. Paying the year 7 annuity late costs 693 UMAPI (code 363700) instead of 533, a surcharge of 160 UMAPI (ARS 57,600, about US$36.83). After the 180 day grace period the patent lapses (art. 62(c)).

Beyond year 10. Years 11 to 20 would add 5 × 800 + 5 × 1,200 = 10,000 UMAPI (ARS 3,600,000, about US$2,301.94) at the standard rate, or 60% less for eligible owners (code 309003).

Example 3: INPI registration fee and the withholding difference on a licence

An Argentine subsidiary signs a 3 year patent and know how licence with its foreign parent at a royalty of US$200,000 a year (contract value US$600,000). The contract is filed with INPI before any payment.

INPI fee (code 610000): 0.25% × US$600,000 = US$1,500, converted to pesos at the BNA selling rate of the business day before filing (Res. 38/2026 Annex B). The BNA rate is not in the files (unconfirmed); at the 23 Oct 2026 dólar MEP rate it would be about ARS 2,345,850. This is above the 90 UMAPI minimum (ARS 32,400 at the starting value). Whether "economic value" means the whole contract or only the period requested is not defined (unconfirmed).

Withholding on each annual payment (ITL arts. 102, 103 and 104): * With the INPI certificate (art. 104(a)(2)): 80% × 35% = 28% → US$56,000. * Without it (art. 104(i)): 90% × 35% = 31.5% → US$63,000. * Difference: US$7,000 a year, US$21,000 over 3 years, against a US$1,500 fee. If the contract is a gross up contract, the local payer bears the difference (unconfirmed).

Deduction for the licensee: only 80% of the trademark and patent royalties paid abroad is deductible (ITL art. 92(m); Decree 862/2019 art. 229), that is US$160,000 of each US$200,000. The income tax rate applied to that deduction is covered on the corporate income tax page. A tax treaty may reduce the withholding.

Practical traps

1. First to file, and now no office protection against similar marks. With Res. 583/2025, a confusingly similar later filing will be granted unless you oppose within 30 days of publication. Set up a watch on the Boletín de Marcas.
2. Missing the year 5 to 6 declaration. It does not cancel the mark, but it creates a presumption of non use in any lapse action, adds 22 UMAPI per year of delay and blocks your renewal until cured (Decree 242/2019 art. 26).
3. Renewing a mark you do not use. Renewal requires use in the 5 years before expiry and a sworn statement saying so (TM Law arts. 5 and 20). A false statement invites a lapse or nullity action.
4. Partial non use. Lapse can be partial, by goods or services (art. 26). Broad lists invite partial lapse requests. Use in related goods, even in other classes, does save the mark.
5. Foreign applicants without a Buenos Aires domicile. Decree 242/2019 art. 10 requires one; lawsuits are validly served there (TM Law art. 11). Keep it updated.
6. Missing the 18 month examination fee. Patent applications without the substantive examination fee by month 18 are treated as withdrawn (art. 27), and utility models after only 3 months (art. 57).
7. Software patents. Programs as such are excluded (art. 6(c)). Rely on copyright, contracts and trade secrets, and do not count on patent claims for pure software.
8. Contractor developers. The employer rule in Law 11.723 art. 4(d) covers employees only. Use written assignments with freelancers and agencies.
9. No confidentiality warning, no trade secret claim against an employee. Law 24.766 art. 3 requires that the person was warned of the confidentiality.
10. Registering TT contracts after paying. Amounts already paid cannot be certified (Res. 38/2026 Annex J), so withholding on them falls to the default 90% presumption.
11. Expired or renewed contracts. An expired contract cannot be registered, and each renewal needs a new certificate requested while the renewal is in force (Annex I).
12. Non working patents. After 3 years from grant or 4 years from filing, a competitor may ask for a compulsory licence if the local market is not supplied. Imports may count as working if they satisfy demand (unconfirmed).
13. Restrictive licence clauses. Exclusive grant backs, no challenge clauses and package licensing are named as unlawful in patent licences (art. 38).
14. Peso amounts in old resolutions and pages. Fees quoted in pesos before May 2026 are out of date. Work in UMAPI and check the current value.
15. Design renewals. Designs only last 15 years in total and must be renewed every 5 years (DL 6.673/63 arts. 7 and 11). A missed renewal costs double during the 6 month grace period.
16. Two IP regimes, one design. You cannot rely on design registration and copyright at the same time in litigation (DL 6.673/63 art. 28).

Recent changes

• 23 Jul 2024: INPI Res. 295/2024 created the applicant fee for the administrative resolution of oppositions (art. 2 bis of Res. 183/18) at ARS 8,900 (note on Res. 351/2023). It is now 50 UMAPI (code 170000).
• 8 Jul to 3 Sep 2025: DNU 462/2025 turned INPI into a deconcentrated body. Congress rejected the decree (Deputies Res. 95/2025 and Senate Res. 56/2025, both BO 25 Aug 2025), and Decree 627/2025 (BO 3 Sep 2025) restored the original text of Patent Law arts. 90 to 94. INPI remains an autonomous body with its own legal personality (art. 90, as restored).
• 11 Dec 2025: INPI Res. 583/2025 limited trademark examination to absolute and public order grounds.
• 1 Mar 2026: under Res. 583/2025 art. 2, examination now comes before publication, and grant follows 30 days after publication if there is no opposition.
• 2 Feb 2026: INPI Res. 38/2026 brought in a simplified, sworn statement based technology transfer registration and repealed Res. 328/2005.
• 1 Apr 2026: new peso fees (Res. 75/2026 art. 1), corrected and restated by Res. 78/2026 (BO 26 Mar 2026). Res. 78/2026 recites "Resolución INPI N° 75/23" and an annex number IF-2026-28133493, while the Infoleg text of Res. 75/2026 now cites IF-2026-29248844. Both are the result of the annex replacement and a typo; the replacing annex is IF-2026-29248844-APN-INPI#MEC. Res. 75/2026 also calls the technology transfer law "ley 24.426", a typo for 22.426.
• 1 May 2026: fees in UMAPI with monthly CPI indexation (Res. 75/2026 art. 6).

Pending changes

• Current UMAPI value, published monthly only on the INPI portal (unconfirmed).
• New technology transfer application form to replace RG10 (Res. 38/2026 art. 5), not yet seen in the files (unconfirmed).
• Lapse and nullity procedures for trademarks: INPI was to set them, and until it does Law 19.549 applies supplementarily (Decree 242/2019 arts. 24 and 26) (unconfirmed).
• Updating of the trademark criminal fines under Decree 242/2019 art. 31 (unconfirmed).
• Copyright art. 63 and the software deposit regulation, which were not available for review (unconfirmed).
• Madrid Protocol and PCT: the official summaries of the Mercosur and EU agreement mention only "best efforts" on Madrid (unconfirmed).
• Law 25.922 (software promotion) ran until 31 Dec 2019 (art. 1, as replaced by Law 26.692, BO 18 Aug 2011). Its successor regime is outside this page; see /guide/taxes/tax-incentives/ (unconfirmed).

FAQ

1. Do I need to use my trademark before registering it in Argentina? No. Ownership comes from registration (TM Law art. 4), and an intent to use is not required to file. Use matters later: a declaration of use is due between years 5 and 6 (art. 26), renewal requires use in the 5 years before expiry (art. 5), and any interested party may ask for lapse of a mark not used in Argentina for 5 years (art. 26).

2. Can a foreign company file directly, without an Argentine subsidiary? Yes. Foreign individuals and companies can own patents and marks (Patent Law art. 3; TM Law art. 10), but they need a domicile in Argentina: a special domicile in the City of Buenos Aires plus an electronic one for trademarks (Decree 242/2019 art. 10), and a legal domicile in Argentina for patents (Patent Law arts. 3 and 69). Whether a registered industrial property agent is compulsory is not stated in the source files (unconfirmed).

3. Can I claim priority from my home country filing? For patents, yes, within 1 year, with reciprocity and no broader scope than the foreign filing (Patent Law arts. 13 and 14). For trademarks, the law respects priority under treaties approved by Argentina (TM Law art. 8), and Argentina approved the Paris Convention by Law 17.011. The trademark priority period and its documents are not in the source files (unconfirmed).

4. How long does protection last? Trademarks 10 years from grant, renewable indefinitely; patents 20 years from filing; utility models 10 years from filing; designs 5 years from filing, renewable twice; copyright life plus 70 years; trade secrets as long as they stay secret. See the terms table.

5. Can I patent software in Argentina? Not as such. Computer programs are listed among things that are not inventions (Patent Law art. 6(c)). Software is protected by copyright in both source and object code (Law 11.723 art. 1), with employer ownership of employee written code (art. 4(d)).

6. Do I have to register software or other works for copyright to exist? Copyright protects works from creation in the sense that no formality is needed to establish authorship (Law 11.723 art. 79), and foreign works only need to meet home country formalities (art. 14). But art. 63 says failure to register suspends the author's rights until registration, and the reduced tax withholding on copyright royalties requires DNDA registration (ITL art. 104(b)). Register before you need to enforce or to license cross border (unconfirmed).

7. Is it mandatory to register a licence agreement with INPI? Registration of technology transfer and trademark licences from abroad is for information only and does not affect validity (TT Law art. 3; Res. 38/2026 recitals). It is, however, the condition for the 60% or 80% presumed net income on royalty and technical assistance payments, instead of 90% (ITL art. 104; Decree 862/2019 art. 263). It may also be asked for when accessing the FX market (unconfirmed).

8. What happens if someone else registered my brand first? You can oppose within 30 days of publication (TM Law art. 13). After grant, you can seek nullity if the registrant knew or should have known that the mark belonged to you, or is a trademark trader (art. 24(b) and (c)), within 10 years (art. 25). You can also seek lapse if the mark has not been used for 5 years (art. 26). Nullity on bad faith grounds is decided by the courts; INPI decides only nullity for breach of the law (art. 24).

9. What can I do against counterfeits at the border? The texts reviewed allow court orders to prevent infringing goods, including imports, from entering the channels of commerce right after customs clearance (Patent Law art. 83.II), and seizure of trademark infringing goods (TM Law art. 38). The customs procedure itself is not in the files (unconfirmed).

10. Are there fee discounts for start-ups and SMEs? For patents and utility models only: 50% on filing, examination and related items, 50% on annuities from years 3 to 10, and 60% from years 11 to 20, for SMEs, individuals, public universities and non economic institutions (codes 309001, 309002 and 309003). There is no trademark discount, but collective marks are free (code 199000). The proof of SME status is not specified in the annex (unconfirmed).

11. Who owns an invention made by an employee? The employer, if the job involves inventive activity, with extra pay only for exceptional contributions. If the job does not involve inventing but the invention relied mainly on company knowledge or means, the employer may claim it within 90 days, paying fair compensation (Patent Law art. 10). Advance waivers by the employee are null.

Primary sources

• Law 22.362 (Trademarks), updated text
• Decree 242/2019 (Trademark regulation)
• INPI Res. 583/2025 (trademark examination)
• Law 24.481 (Patents), original
• Decree 260/96 (consolidated patent law and regulation), updated text
• Decree Law 6.673/63 (Industrial designs), updated text
• Law 11.723 (Copyright), updated text
• Law 25.036 (Software)
• Law 24.766 (Confidential information)
• Law 22.426 (Technology transfer), updated text
• INPI Res. 38/2026 (TT registration regulation)
• INPI Res. 351/2023 (fee structure)
• INPI Res. 75/2026 (fees, UMAPI)
• Fee annex image IF-2026-29248844-APN-INPI#MEC
• INPI Res. 78/2026 (correction)
• Law 27.444 (Simplification)
• Law 25.922 (Software promotion)
• Law 24.425 (WTO and TRIPS)
• Law 17.011 (Paris Convention), record only
• INPI trademarks page
• Decree 862/2019, arts. 228, 229 and 263 to 267
• Mercosur and EU agreement summary
• Mercosur and EFTA agreement summary

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