US-Argentina Agreement: A Turning Point for Patents

On February 5, 2026, the United States and Argentina signed a reciprocal trade and investment agreement. In addition to significant reductions in trade barriers, the agreement includes commitments by Argentina to modernize and further align its intellectual property framework with international standards. In particular, the agreement contains a number of provisions aimed at strengthening and improving Argentina’s patent system.

As a first major step, Argentina has committed to join the Patent Cooperation Treaty (PCT) by submitting the treaty to Congress for consideration and a vote on ratification by April 30, 2026. 

Argentina has also undertaken to introduce significant changes to its patentability regulations. In particular, the agreement provides that Argentina shall repeal its restrictive patentability guidelines applicable to both pharmaceutical (Joint Resolutions No. 118/2012, No. 546/2012, and No. 107/2012) and biotechnological inventions (Resolution No. 283/2015). These changes will represent a meaningful shift toward a more predictable and internationally aligned patentability framework in these key areas of technology.

With respect to regulatory data protection, Argentina has committed to analyzing the feasibility of implementing a data protection regime consistent with Articles 20.45 and 20.48 of the United States–Mexico–Canada Agreement.

The agreement also includes important obligations aimed at addressing delays in the patent granting process. Argentina has undertaken to take expeditious steps to significantly reduce patent pendency, especially for pharmaceutical and biotechnological inventions.

Finally, Argentina has committed to joining several additional international treaties of particular relevance to the patent and innovation ecosystem, by submitting the following treaties, among others, to Congress for consideration and ratification prior to the end of 2027:

•    the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure;
•    the Hague Agreement Concerning the International Registration of Industrial Designs;
•    the Patent Law Treaty; and
•    the International Convention for the Protection of New Varieties of Plants (UPOV), as revised in Geneva on March 19, 1991.

These commitments represent a significant step toward harmonizing Argentina’s patent framework with international best practices and enhancing legal certainty and protection for innovators.

We are closely monitoring the developments and will continue to keep our clients informed as further details emerge regarding the implementation of these commitments.