Last week, Argentina and the United States signed a reciprocal trade and investment agreement which includes some promissory commitments related to the modernization of Argentina’s patent system.
Among the most important commitments made in this agreement is the joining of Argentina to the Patent Cooperation Treatment (PCT), which will be submitted to the Congress for consideration and ratification by 30 April 2026. With this major step it is expected that the region moves towards a more harmonized and strong patent system, with only Bolivia and Paraguay remaining to adhere to the PCT.
The second most important commitment is finally modifying the still restrictive and outdated patentability regulations, particularly the Argentinian Patent Directives applicable to both pharmaceutical (Joint Resolutions No. 118/2012, No. 546/2012, and No. 107/2012) and biotechnological inventions (Resolution No. 283/2015). In addition to revoke the patentability guidelines, the country has also committed to take the necessary measures to reduce the patent pendency and address the delays in patent prosecution, particularly for life-sciences related inventions (i.e. pharmaceutical and biotechnological).
Additionally, other relevant treaties for pharmaceutical and biotechnological inventions are being considered to be submitted to the Congress for consideration and ratification by the end of 2027, which include the Budapest Treaty on the International Recognition of the Deposit of Microorganisms, the Patent Law Treaty; and the International Convention for the Protection of New Varieties of Plants (UPOV), as revised in Geneva on March 19, 1991.
Although important changes in Argentina’s patent law and regulations need still to occur so that these commitments are fulfilled, they represent a significant step towards an internationally harmonized patent system which ultimately guarantees a strong protection for innovators of the region.
