In brief
On 18 March 2026, Joint Resolution No. 1/2026 was published, issued by the Ministry of Health and the Ministry of Economy, together with the National Institute of Industrial Property (INPI), which repeals the guidelines adopted in 2012 that imposed specific restrictions on the examination of pharmaceutical patent applications. This decision aligns Argentina’s patent system with its international commitments, including the TRIPS Agreement, as a response to the recently executed Argentine Republic Agreement on Reciprocal Trade and Investment (ARTI) with the United States. As a result, patent applications in the pharmaceutical sector will now be examined on a case-by-case basis under the general standards of the Argentine Patent Law (No. 24,481).
In more detail
Joint Resolution 1/2026 represents a significant change in Argentina’s patent regime, particularly for chemical and pharmaceutical inventions. By repealing the examination guidelines adopted between 2012 and 2015 (Joint Resolutions No. 118/2012, No. 546/2012, No. 107/2012, and No. 283/2015), the set of rules which restricted the patentability of pharma product have been removed.
This regulatory change is closely linked to Argentina’s broader effort to align its intellectual property framework with its international commitments, including the ARTI entered into with the United States this past February. That agreement emphasizes the importance of predictable, transparent, and effective intellectual property protection as a key factor in fostering investment, innovation, and technological development. In this context, the repeal signals a clear policy shift toward strengthening legal certainty and improving Argentina’s position as a destination for research-based and technology-driven industries.
Joint Resolution 1/2026 expressly acknowledges that the 2012 guidelines operated as a constraint on the technical authority of the INPI, introducing additional hurdles that were not expressly contemplated by the Argentine Patent Law. The new resolution restores INPI’s full discretion to assess patent applications exclusively on the basis of the statutory criteria set forth in Law No. 24,481 — namely novelty, inventive step, and industrial applicability — without the application of restrictive standards tied to a specific technological sector.
The new framework seeks to balance innovation incentives with existing market realities. To that end, Resolution 1/2026 establishes transitional rules for situations in which pharmaceutical products were already being commercially exploited in Argentina by third parties at the time the new regime entered into force. In such cases, patents granted under the revised framework may be subject to limitations, preventing patent holders from blocking ongoing commercialization or seeking compensation. These limitations are expressly grounded in the exceptions permitted under the Patent Law and the TRIPS Agreement and are intended to safeguard legitimate pre-existing activities.
This regulatory development creates meaningful opportunities for patent holders and applicants. It is advisable to reassess pending applications and existing patent portfolios, particularly those adversely affected by the former guidelines, and to evaluate potential new strategies under the revised legal landscape. For companies operating in the pharmaceutical and life sciences sectors, the repeal of the restrictive guidelines significantly improves the prospects for patent protection in Argentina and contributes to a more predictable and innovation-friendly environment.
Ana Paula Gallardo, Associate, contributed to this alert.