Repeal of Argentina's 2012 Joint Resolution on Pharmaceutic Patentability

The U.S.-Argentina Business Council (USABC) from the U.S. Chamber of Commerce strongly welcomes the Argentine Government’s decision to repeal the joint regulatory framework governing pharmaceutical patentability established by Joint Resolution No. 118/2012 (Ministry of Industry), No. 546/2012 (Ministry of Health), and No. 107/2012 (National Institute of Industrial Property), which had established highly restrictive guidelines for examining the patentability of pharmaceutical inventions.

This is a meaningful and long-overdue step forward for Argentina's intellectual property landscape. We commend the speed and determination with which President Milei’s administration has acted. By moving decisively, even ahead of the formal ratification of the Agreement on Reciprocal Trade and Investment Agreement (ARTI) recently signed by the U.S. and Argentina, the Argentine government has sent a strong signal of its commitment to enhancing market predictability, improving the investment climate, and fostering innovation-driven growth.

The 2012 Joint Resolution stood as one of the central concerns raised in successive USTR Special301 Reports and the Chamber’s International IP Index regarding gaps in Argentina's IP environment. By automatically excluding broad categories of pharmaceutical inventions (including improvements to existing medicines)from patent eligibility, the resolution placed Argentina at odds with TRIPS standards and the practices of its major trading partners, deterring investment and limiting patient access to innovation. This reform restores the National Institute of Industrial Property's (INPI) discretion to assess patentability on a case-by-case basis under Law No. 24,481, in line with international best practices.

This is, unambiguously, excellent news for innovators, for patients, and for Argentina's competitiveness in the global life sciences value chain.

That said, important work remains ahead. The repeal addresses pharmaceutical patentability guidelines but does not extend to limitations on patentability for biotechnological innovations involving living matter and natural substances— an area also identified by USTR Special Report301 as diverging from prevailing international standards. Closing this gap is essential for Argentina to compete effectively across the full life sciences value chain. Equally important is the pending gratification of the Patent Cooperation Treaty(PCT) by Congress to align Argentina's patent system with global standards and to facilitate foreign patent filings efficiently.

We celebrate this milestone with genuine enthusiasm. We also look forward to continuing to work with the Argentine government to fully unlock Argentina's innovation potential in life sciences.

For more information: https://www.boletinoficial.gob.a/rdetalleAviso/primera/339620/2026031