In a context of ongoing regulatory changes and an evolving digital landscape, staying up to date on intellectual property matters is key for informed decision-making. Between the end of last year and year-to-date 2026, several relevant legislative developments have taken place in Argentina, impacting both the management and protection of intangible assets.
Below, we provide a practical overview of the main updates, offering a clear and accessible snapshot of their scope and potential implications.
For more information on how these developments may affect your specific situation, please feel free to reach out to us at info@lermanszlak.com.
- Patents
United States and Argentina Trade and Investment Agreement
United States and Argentina Trade and Investment Agreement, signed on February 5, 2026, includes commitments to modernize the Argentine intellectual property system, particularly with regard to patents. The main points include:
Accession to the PCT: Submission of the Patent Cooperation Treaty to Congress for ratification before April 30, 2026.
Changes to patentability criteria: repeal of restrictive guidelines for pharmaceutical and biotechnological inventions, with the aim of aligning Argentina’s patent system with international standards.
Regulatory data protection: Analysis of the implementation of a regime similar to that provided for under the USMCA.
Reduction of timelines: Measures to accelerate the granting of patents, especially in the pharmaceutical and biotechnology sectors.
Accession to international treaties: Commitment to submit to Congress, before the end of 2027, key treaties such as the Budapest Treaty, the Hague Agreement, the Patent Law Treaty, and the UPOV 1991 Convention. In addition, in the area of Trademarks, this list also includes the Madrid Protocol.
Taken together, these commitments seek to align Argentina’s patent system with international standards and to strengthen legal certainty and the protection of innovation.
Repeal of the Joint Resolution on Pharmaceutical Patents
In the context of the mentioned agreement with the United States, Joint Resolution signed by the Ministry of Health, the Ministry of Economy, and the Argentine Patent and Trademark Office (INPI), published on March 18, 2026, repealed the guidelines for the examination of patentability of pharmaceutical inventions that had been in force since 2012, bringing about a significant change in the local patent system.
These guidelines—whose constitutionality had been widely challenged by innovative companies—established strict limitations, excluding from patent protection various categories of inventions in the pharmaceutical field.
As a result of their repeal, these types of inventions are no longer automatically excluded from patentability, reflecting a shift toward an approach aligned with international standards in patent examination.
This new regime applies both to future patent applications and to those currently pending, which are now being examined under the current criteria, without taking into account the previously applicable restrictive limitations.
It should be noted, however, that Article 2 of the resolution introduces a mechanism aimed at protecting third parties that were already commercializing pharmaceutical products during the period in which the now-repealed guidelines were in force. Specifically, where patents are granted under this new framework covering pharmaceutical products already being marketed locally by third parties, patent holders will not be entitled to prevent the continued commercialization of such products or to claim damages.
In summary, the repeal represents a significant and positive transformation of the Argentine patent system, fostering a more open environment for pharmaceutical innovation. However, its practical effects—particularly regarding the scope and constitutionality of the mechanism set forth in Article 2—will need to be closely monitored in practice.
- TRADEMARKS
Significant Changes to the Trademark Registration Process in Argentina
Substantial updates to the trademark registration process in Argentina introduced by Resolution P-583/25, published on December 11, 2025 in the Official Gazette.
New Scope of the Ex Officio Examination (Article 1)
Under the new resolution, the Argentine Trademark Office´s examination for new trademark applications will be limited exclusively to:
(i) absolute grounds for refusal, such as lack of distinctiveness or any incompatibility of the sign with the essential function of a trademark, and
(ii) matters related to public order.
The grounds for refusal set forth in Article 3, subsections (b), (d), (h), and (i) of Law 22,362—such as conflicts with third-party rights, similarities with registered trademarks, issues involving personal names or pseudonyms, or indications of activities to distinguish products—will no longer be assessed ex officio. The AR PTO will evaluate these only if a third party files an opposition or a nullity action.
Reorganization of the Registration Procedure (Article 2)
Effective as of March 1, 2026 once a trademark application is filed—and before its publication in the Official Gazzete—the Argentine Trademark Office will conduct both, the formal and substantive examinations, provided the application meets the required conditions (TMClass validation, no priority claim, and no representation as a business manager).
If no objections arise from the examination, or if any objections are successfully resolved, the application will be approved and published for one day in the Official Gazette After publication, and once the 30-day opposition period has passed without objections, the trademark will be granted automatically (this provided that no opposition is filed, since in that case the opposition procedure will apply).
These changes were made with the aim of preventing the Argentine Trademark Office from creating artificial conflicts through ex officio objections based on private rights.
Less formal requirements for foreign applicants of trademarks in Argentina
According to current practice at the Argentine Trademark Office, powers of attorney granted by foreign applicants no longer require formalities such as consular legalization or an Apostille; instead, a simple signature is sufficient. This policy significantly reduces administrative costs for international applicants
- COPYRIGHT
New era in collective management
The following entities have been authorized by the Argentine Copyright Office (DNDA) to operate as a collective management organization for copyright and related rights, within the framework of the new regime in force in Argentina:
CADRA (Argentine Reprographic Rights Center)
SAGAI (Argentine Actors’ Collective Management Organization)
AADI (Argentine Association of Performers)
- GENERAL
Changes in INPI´s 2026 Fees: Fee Increase and New Fee Adjustment System (UMAPI)
Changes to the fee structure applicable to industrial property proceedings in Argentina where introduced by INPI´s Resolution No. 75/2026.
The resolution updates the official fees for trademarks, patents, utility models, and industrial designs, effective as of April 1, 2026. this is the first fee adjustment since October 2023.
Furthermore, a new fee adjustment system was introduced through the implementation of the Industrial Property Fee Unit (UMAPI), effective May 1, 2026.
The UMAPI serves as a new reference unit for expressing INPI’s fees. Its initial value is determined as a fraction of the cost for filing a single-class trademark application. Upon implementation, the value of the UMAPI will be adjusted on a monthly basis following
the Consumer Price Index (CPI) issued by Argentina’s National Institute of Statistics and Census (INDEC).
This change modifies how official fees are determined and updated, introducing a dynamic system that will track inflation.
