While Argentina remains outside the Patent Cooperation Treaty (PCT), the U.S. government has once again drawn attention to Argentina’s Joint Ministerial Resolution 118/2012. One of its most controversial aspects is that, under this resolution, inventions are presumed obvious unless the applicant can prove that the invention solves a “long-standing problem.” This standard has been widely criticized as vague and highly discretionary, giving Argentina’s patent office broad leeway to deny applications for lack of inventive step—even when similar patents have been granted abroad.
What’s at stake?
Beyond the commercial implications, this issue reflects a deeper debate between two contrasting approaches to the patent system: one that supports broader protection for incremental innovation, and another that prioritizes competition and access to medicines by limiting the scope of patent rights.
Continued U.S. pressure
The U.S. report notes that its government continues to “urge Argentina to repeal or revise” the Resolution and align its practices with international obligations. While this pressure is not new, it underscores how Argentina’s patent policies remain a key issue in bilateral trade discussions.
