The recent signature of the final English version of the U.S.–Argentina Agreement on Reciprocal Trade and Investment (ARTI) is expected to bring about significant changes across multiple areas of intellectual property law.
While the agreement contains commitments affecting trademarks, copyrights, enforcement and regulatory practices more broadly, this article focuses specifically on those developments with direct relevance to patent protection and patent prosecution in Argentina, given their potential impact on filing strategies and examination standards.
The Agreement includes a number of commitments that, if implemented, could substantially modify the current patent landscape, particularly in sectors such as pharmaceuticals, chemicals and biotechnology.
Key IP‑Related Commitments
Under the ARTI, Argentina has undertaken, among others, the following commitments of particular interest to patent holders:
1. Accession to the Patent Cooperation Treaty (PCT)
Argentina committed to submit the Patent Cooperation Treaty (PCT) to the Argentine Congress for consideration and a vote on ratification no later than April 30, 2026.
2. Resolution of Special 301 IP Issues
Argentina also committed to expeditiously address the issues identified in the most recent USTR Special 301 Report, including, specifically with respect to patentability criteria, the repeal of the Joint Resolutions:
These resolutions have, for more than a decade, imposed restrictive patentability standards—particularly affecting pharmaceutical, chemical, and biotech inventions.
Expected Impact on Patent Prosecution in Argentina
Based on the commitments assumed under the ARTI, we would like to highlight the following practical considerations for applicants:
1. Likely repeal of the Joint Resolutions in the short term
Considering the recently signed agreement, it is expected that the above‑mentioned Joint Resolutions will most likely be repealed in the coming days or weeks, as part of Argentina’s efforts to comply with its international commitments.
2. Ongoing examinations and future filings
Once the Joint Resolutions are repealed:
- Patent applications currently under examination should no longer be assessed under the restrictive patentability criteria set forth in those resolutions.
- Examination standards are expected to move closer to internationally accepted norms.
In this context, we recommend reassessing filing strategies in Argentina. In particular, applications that may previously have been considered inadvisable to file due to these restrictions—especially in the pharmaceutical and life sciences sectors—may now merit reconsideration.
3. Pending Office Actions based on the Joint Resolutions
For applications currently facing Office Actions grounded on the Joint Resolutions, applicants may wish to consider avoiding the filing of substantive responses and, where available, requesting extensions of time.
The potential repeal of these resolutions could significantly alter the applicable examination criteria, and arguments may need to be reformulated once the new regulatory framework is confirmed.
4. PCT system not yet in force for Argentina
While Argentina has committed to submit the PCT to Congress, it is important to emphasize that:
- Argentina is not yet a PCT Contracting State.
- PCT accession remains subject to congressional approval and subsequent implementation.
Accordingly, patent applications must continue to be filed via the Paris Convention route until Argentina formally accedes to and implements the PCT.
By Livia Carbonelli – Palacio IP
