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Blog
Published on March 12, 2025
When a corporate client first approaches an intellectual property firm, the doubts are usually more practical than theoretical. They don't ask about the law; they ask about the process, the timelines, and what they actually need to submit.
In our experience with Argentine and Andean market companies, there are five questions that appear in almost every first meeting. Answering them clearly makes the difference between a consultation that moves forward and one that gets left on the back burner.
The answer depends on the country and the type of examination. In Argentina, a standard process can take between two and four years if there are no oppositions. In the Andean Community, timelines vary: Peru is usually faster than Ecuador. The important thing is for the client to understand that the process is not immediate and that a prior art search can save months of rejections.
In addition to the technical description of the invention, a notarized power of attorney, proof of fee payment, and in many cases, a certified translation into Spanish if the original document is in another language are required. Clients often underestimate the time it takes to obtain a certified translation.
In Argentina, software as such is not patentable, but it can be protected if it is integrated into an industrial process. Pure business methods do not pass the novelty filter. This is a recurring question among tech startups that arrive with an innovative idea but without the proper legal framework.
This is where freedom-to-operate analysis comes in. It is not enough that the patent exists; you have to check if it is in force, in which territory, and if there are active licenses. An informed client understands that a similar patent does not always block registration if sufficient technical advancement is demonstrated.
From the first consultation, we sign a confidentiality agreement. The client should know that all shared information is protected by professional secrecy and that, before any public disclosure, the status of the application is reviewed. This is a necessary peace of mind when dealing with strategic assets.
These questions are not an obstacle; they are the starting point of a solid professional relationship. Answering them in advance allows the client to come prepared and makes the process smoother from day one.
A direct look at the real concerns that arise before signing a legal advisory agreement.
When a corporate client first approaches, they usually have more doubts than certainties. It's not about mistrust, but prudence. In over fifteen years handling international contracts and patent registrations, I've seen that the questions repeat themselves with a precision that deserves to be addressed separately.
The first issue is usually about the scope of the service. It's not enough to say "legal advisory." The client wants to know if we cover the full drafting of the contract, negotiation with the counterparty, and eventual defense in case of a dispute. My answer is always the same: it depends on the assignment, but I offer a phase-by-phase breakdown so there are no surprises.
Another recurring question is about confidentiality. In a B2B environment, the information shared during due diligence can be strategic. I explain that all documents are handled under non-disclosure agreements and that the encrypted portal area allows for secure exchange without relying on open emails.
They also ask about timelines. I don't promise unrealistic dates. If it's an industrial patent in Argentina, the substantive examination can take between 18 and 24 months. For an international licensing contract, the drafting and review time is usually three to four weeks, provided the parties respond promptly.
Finally, there's the question about cost. I don't give generic budgets. Each case has different variables: technical complexity of the invention, number of jurisdictions involved, client urgency. I prefer to schedule a brief conversation to understand the context and then present a tailored proposal.
These questions are not obstacles; they are signs that the client is making the decision seriously. Answering them clearly and without beating around the bush is the foundation of a professional relationship that works.
Beatrice Stevens
Corporate Attorney · Intellectual Property and International Contracts
Gutiérrez 8853 · (561) 546-7796 · info@beatricestevens.com