Argentina Eases Patentability of Pharmaceutical Inventions

The National Institute of Industrial Property (INPI) has repealed Joint Resolutions No. 118/2012, No. 546/2012, and No. 107/2012, which for over a decade had significantly restricted the patentability of chemical-pharmaceutical inventions, essentially limiting protection to new compounds.

Going forward, INPI will assess the patentability of such inventions on a case-by-case basis, applying the Patent Law. Article 4 of the law provides that both product and process inventions are patentable, provided they are novel, involve an inventive step, and are capable of industrial application—bringing Argentina more in line with international standards. This measure aims to ensure adequate protection of inventions, thereby encouraging investment in R&D, fostering innovation, and facilitating access to new medicines.

The repeal is part of Argentina’s broader effort to align its intellectual property system with international protection standards, in line with recent trade-related commitments.

However, the new framework introduces an important limitation: patents granted after its entry into force will not allow their holders to prevent the continued commercialization of pharmaceutical products already present in the local market, nor to claim compensation for such continued use.

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