Argentina – Repeal of restrictive patentability guidelines for biotech inventions
On 19 June 2026, the Argentine Patent Office (PTO) published Resolution No. 197/2026 in the Official Gazette, repealing Resolution No. 283/2015, which had imposed significant patentability restrictions in the biotechnology field.
This repeal forms part of Argentina’s commitments under a recent trade agreement with the United States, which includes strengthened IP provisions and which we reported here in March 2026.
This is a welcome and long-awaited development because, since 2015, Resolution 283/2015 had substantially limited the scope of protection available for biotech inventions in Argentina. Resolution 197/2026 took effect on the date of its publication, 19 June 2026. Accordingly, the PTO can no longer rely on Resolution 283/2015 when issuing office actions or refusals.
Key implications
Return to a more permissive framework
The repeal restores the more flexible approach applied prior to 2015, bringing Argentine practice closer to international standards such as TRIPs.Removal of requirement for “isolation” of genetic materials
Claims to genetic material are no longer required to include the term “isolated”, and its prior restrictive definition has been abolished.Broader claim scope now possible
Former objections relating to DNA sequences defined by structural or functional similarity have been removed, alleviating previous issues concerning lack of support and insufficient disclosure.Reduced disclosure requirements
For transformation events, applicants are no longer required to provide flanking sequences of at least 100 base pairs.Patentability exclusions clarified
The Resolution confirms that plants and animals remain excluded from patentability regardless of production method (including those obtained via recombinant DNA technology).Updated definitions introduced
The Resolution includes revised definitions of key biological concepts such as genetic material, microorganisms, biological material, and essential biological processes.
Exception for existing market activity
An important exception applies:
Newly granted patents arising from the repeal cannot be enforced against third parties already acting in good faith and commercialising relevant products in Argentina as at the date of entry into force.
However, patent holders retain the right to act against new entrants or infringing activities arising after this date.
The validity of this exception may be subject to future legal challenge.
Strategic outlook
The repeal represents a significant opportunity for applicants in the biotech sector. Consequently:
Filing and prosecution strategies should be reassessed in light of the broader scope of protection now available.
Combined with Resolution 056/2016 (Argentina’s expedited examination mechanism), applicants may achieve faster and stronger patent protection by aligning claims with granted foreign counterparts.
Overall, obtaining robust biotech patents in Argentina is now both easier and more efficient.
Please do not hesitate to contact our patent team should you have any questions or wish to discuss next steps.
