On June 18, 2026, the Argentine Patent Office (INPI) issued Resolution No. 197/2026, repealing Resolution 283/2015, which had introduced restrictive provisions into the Patent Examination Guidelines concerning biotechnological inventions and natural substances.
Resolution 283/2015 had notably:
- Imposed stringent criteria on patentability of living matter and natural substances,
- Required that modified biological components be claimed in an isolated state, often depriving them of recognized industrial applicability, and
At the same time, the new resolution confirms that:
- Plants, animals, and essentially biological processes remain excluded from patentability, consistent with Patent Law 24,481
- Claims directed to such subject matter will continue to be rejected regardless of the method of production
Additionally, the resolution introduces a transitional safeguard for third parties acting in good faith, allowing continued commercialization of products already on the market even if a patent is later granted under the new framework.
A Broader Policy Trend
This regulatory change should be understood as part of a coherent policy evolution in Argentina’s patent landscape, which we have been reporting on in our recent newsletters.
In particular:
- Earlier this year, Argentina repealed the joint ministerial resolution (Health & Industry) that had long imposed strict limitations on the patentability of pharmaceutical and chemical inventions.
The repeal of Resolution 283/2015 now extends this liberalizing trend into the biotechnology and agri-tech sectors, which had faced similarly restrictive examination criteria.
Strategic Implications for Applicants
In light of these developments, companies operating in life sciences, agri-biotech, and related industries should consider:
Take into consideration that Argentina remains outside the Patent Cooperation Treaty (PCT) system. As a result, patent protection must still be pursued through direct national filings (Paris Convention) rather than via an international phase.
Reassessing previously abandoned or constrained subject matter, particularly inventions involving biological materials or naturally derived substances
Evaluating opportunities for new filings or divisional applications
Reviewing pending applications that may benefit from the updated guidelines
Taking into account third-party market situations due to the good-faith exception introduced.
