|
Yesterday, November 13, 2025, a framework agreement between the United States of America and Argentina dealing with commerce and investment was finally announced by both governments.
The statement released by the White House highlights the actions taken by the Argentine government to improve enforcement against counterfeit and pirated goods. It also points out that our country has committed “to address structural challenges cited in the Office of the United States Trade Representative´s 2025 Special 301 report, including patentability criteria and patent backlog” as well as “to work towards aligning the local IP regime with international standards”.
While the fine print of the agreement has not yet been released, it includes an IP chapter which requires the adoption by Argentina of certain measures in line with the recommendations included in the USTR´s Special 301 Report issued earlier this year.
The “patentability criteria” clearly refers to the need to repeal the Joint Ministerial Resolution issued in 2012 by the PTO in conjunction with the Ministries of Health and Industry which severely restricts the patentability in the pharmaceutical field as well as Resolution 283/2015 issued by the PTO that also includes limitations in the biotech technical area.
We understand that the request towards aligning the local IP regime with international standards could mean joining the PCT soon, a step that has been long-awaited by both local and foreign applicants seeking protection for their innovation in our country.
Other possible changes could be directed towards strengthening laws dealing with data protection.
We understand that the signing of the agreement is an important milestone that will help to elevate local IP laws to a higher level of protection and that will dynamize our country´s innovative ecosystem.
We are following developments closely and will report back to you any further details as soon as they are released.
Should you have any comments, do not hesitate to get in touch with our team.
| 
