Argentina makes changes to its patent system for pharmaceutical and biotechnological inventions

The Executive Power of Argentina made the decision to repeal, through Joint Resolution 1/2026, a regulation in force since 2012 that was restrictive for the patentability of inventions in the pharmaceutical and biotechnological industry. From now on, novelty, inventive step, and industrial application will be prioritized as evaluation criteria, thus promoting a more dynamic ecosystem where innovation, local production, and access coexist.

More protection for innovation

The new regulatory standard will apply to both pending and future patent applications. Likewise, it includes a protection mechanism (safe-harbor) designed to provide legal certainty to those who marketed products under the repealed law, as well as to safeguard all those patents that were granted upon the entry into force of this new regulation.

INPI repeals guidelines that restricted patenting biotechnological inventions

The National Institute of Industrial Property (INPI) has repealed Resolution No. 283/2015 which restricted the process of patenting biotechnological inventions, and it will be replaced, starting June 19, by Resolution No. 197/2026, which presents a more open approach that favors innovation. The new guideline applies to all patent applications currently in progress that belong to the biotechnological field.

Situation of patent holders

Patent holders will not be able to interrupt the commercialization of products that are already on the market, which will remain available without any type of alteration; in the same manner, they will not be able to claim damages for commercial activity prior to this resolution.

With the enactment of Joint Resolution 1/2026, the Argentine patent system adopts a framework aligned with international standards, which will allow for market stability and its integration into global innovation chains.

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