Argentina modernises its patent system: What applicants need to know
Argentina has taken a significant step towards aligning its patent system with international standards, with the repeal of long-standing restrictions on pharmaceutical patentability. For applicants, this represents a meaningful shift, reopening categories of protection that have effectively been closed for over a decade.
On 18 March 2026, the Ministry of Economy, Ministry of Health, and the Patent and Trademark Office (PTO) issued Joint Resolution 1/2026, officially repealing various Resolutions dating back to 2012 which had imposed strict limitations on pharmaceutical patentability in Argentina. This development, which was anticipated as part of the Argentina-United States Trade and Investment Agreement signed on 5 February 2026, marks a major positive shift for patent applicants in the pharmaceutical sector.
What has changed in practice?
Following the issuance of this Resolution, and with immediate effect, the PTO can no longer reject patent applications relating to many types of inventions that were systematically refused under the previous rules, including active metabolites and prodrugs, pharmaceutical formulations, dosages and second medical use claims (although the latter may still face scrutiny under therapeutic‑method exclusions). This represents a return to the more internationally-aligned and flexible standards applied before 2012.
Exception for certain granted patents
The Resolution includes an important limitation: if a pharmaceutical patent granted on or after 18 March 2026 covers a product already being commercially sold by a third party, the patent owner cannot request suspension of that commercialisation or seek compensation from those existing market participants. However, patent owners retain full rights to enforce their patents against new third parties entering the market from 18 March 2026 onwards.
What’s coming next?
The Argentina-United States Trade and Investment Agreement includes other major commitments by Argentina to modernize its intellectual property system, particularly its patent framework. For instance, the country will study the feasibility of adopting a regulatory data protection regime, and has committed to taking prompt measures to significantly shorten patent prosecution timelines.
Importantly, Argentina will move to join the Patent Cooperation Treaty (PCT) by 30 April 2026. Additionally, the country plans to join several other international treaties by submitting them to Congress for ratification before the end of 2027, including:
- The Budapest Treaty on the International Recognition of the Deposit of Microorganisms;
- The Hague Agreement Concerning the International Registration of Industrial Designs;
- The Patent Law Treaty;
- The International Convention for the Protection of New Varieties of Plants (UPOV).
These commitments mark a substantial step toward harmonizing Argentina’s IP system with global standards and strengthening protections for innovators. Together, the changes offer a pathway to building stronger, broader, and faster‑granted IP portfolios in Argentina.
What this means for patent applicants
These developments create a significantly more favourable environment for obtaining patents, including pharmaceutical patents, in Argentina. We encourage applicants to:
Reassess pending and appealed cases, many of which may now be in a position to proceed to allowance.
Revisit filing strategies, as broader categories of pharmaceutical inventions may now be protectable.
Consider accelerating prosecution of existing patent applications by aligning claims with a granted foreign (e.g., US, EP, JP, AU, GB, CA) patent. This mechanism can now be even more effective in light of the expanded patentability criteria.
Prepare for PCT accession: Once Argentina joins the PCT, applicants will gain streamlined access via the international route, which is helpful for portfolio planning and timing considerations.
If you have any questions or would like us to review specific cases or portfolios, please do not hesitate to contact our patent team. We are here to support you through this important and very positive development.
