Pharmaceutical
Patent - Extension of Term Provisions Patent Term
Term of a standard patent is 20 years from date of filing. Patents that were granted under
the previous law for 15 year terms on or after 1 January 1985, on applications filed on or
after 1 January 1980, are entitled to a term which is the longer of 20 years from filing
or 15 years from grant. Pharmaceutical patents have recently been allowed.
Pharmaceutical Patent
Extension?
No.
Bolar Provision
Yes. Patent Law No. 24.766, Article 8:
In the case of a product or process protected by patent, any third party may use the
invention prior to its patent expiration for experimental purposes and to obtain the
information required for the approval of a product or processes by the competent authority
so that it may be marketed following the patent expiration
References
http://www.ladas.com/bulletins/2002/0202bulletin/ArgentinaPatentTerm.html
http://www.cptech.org/ip/health/research/legislation.html
Prepared for IP Organisers by Dr Grace Chan, Phillips
Ormonde & Fitzpatrick - October 2002. |
