One of the most common mistakes in the world of intellectual property (IP) is using “register” and “patent” — or “registration” and “patent” — as synonyms. Although both protect creations, they apply to different intangible assets, with different requirements, timelines, and legal rules.
It is a common confusion. That is why, in this article, we explain the key differences between registering and patenting: what each form of protection covers, which laws govern it, and why it is vital to safeguard intellectual property from day one.
What registering means in intellectual property
Registering is the act through which a distinctive sign or a creative work is legally protected, securing its ownership and the related rights against third parties.
In Argentina, registration is handled by agencies such as:
– INPI (Argentina’s National Institute of Industrial Property): for trademarks, models, and designs.
– DNDA (Argentina’s National Copyright Office): for works protected by copyright.
Registering a trademark or a design not only gives you legal protection; it also lets you exploit them commercially on an exclusive basis.
What patenting means in intellectual property
A patent protects a new technical invention that offers a solution to a technical problem, is industrially applicable, and is not obvious. Unlike registration, a patent does not protect a brand or an appearance, but an innovative way of working or method.
REGISTER OR PATENT
What can be registered?
- Trademarks: trade names, logos, slogans, colors, sounds.
- Industrial designs: the external shape or aesthetics of a product.
- Utility models: minor technical improvements.
- Artistic or intellectual works: music, software, audiovisual works, books.
What can be patented?
- Technical inventions that are:
- new worldwide.
- non-obvious to a person skilled in the field.
- industrially applicable.
- Processes, machines, chemical products, medical devices, technology systems, among others.
Why the confusion?
It is quite common to hear “I’m going to patent my trademark,” when the correct term is “register it.” Trademarks are not patented; they are registered. And loose ideas can be neither registered nor patented.
Another common mistake is thinking that registering something automatically protects you worldwide. Protection is territorial: if you register in Argentina, the right applies only in Argentina, unless you also seek protection abroad. For trademarks, since Argentina is not a member of the Madrid Protocol, that means filing in each country of interest, claiming Paris Convention priority if you file within 6 months.
Key comparison: registering or patenting
| Concept | TRADEMARK REGISTRATION | INVENTION PATENT |
|---|---|---|
| What it protects | Distinctive signs, works, designs | Technical inventions, processes, devices |
| Requirement | Originality, no likelihood of confusion with others | Novelty, inventive step, industrial applicability |
| Term | 10 years (renewable) | 20 years (non-renewable; the invention then enters the public domain) |
| Legislation | Trademark Law No. 22,362 and Copyright Law No. 11,723 | Patent Law No. 24,481 |
| Agency | INPI and DNDA | INPI |
| Right granted | Exclusive use of the name or design | Exclusive exploitation of the invention |
Why protect your intellectual property?
Registering or patenting, as appropriate, allows you to:
- Hold exclusive rights of use and commercial exploitation.
- Prevent copying or misappropriation.
- Increase the value of your business or project in the eyes of investors or partners.
- Generate income through licenses or transfers.
Failing to protect your IP can cost you much more than completing the relevant procedure in time.
Conclusion: registering or patenting
Registering and patenting are not the same thing, and knowing which one to use can make the difference between an idea that is protected and one that is vulnerable. Trademarks, designs, and works are registered. Technical inventions are patented.
If you have a product, a brand, a technology, or an original solution, protect it. Talk to our team of intellectual property professionals and secure your rights before someone else does.
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