Intellectual Property Within the New U.S.– Argentina Trade Framework

A renewed stage in bilateral cooperation

On November 13, 2025, the White House announced a new framework for trade and investment cooperation between the United States and Argentina. The initiative aims to modernize bilateral rules and strengthen innovation-driven sectors. Intellectual property stands at the center of this agenda.

Patentability criteria under review

The announcement echoes concerns raised in the 2024 Special 301 Report. A key issue involves the patentability criteria set by Joint Ministerial Resolutions 118/2012 and 546/2012, which restricted protection for chemical-pharmaceutical inventions compared with other jurisdictions.

Reducing the INPI backlog

Argentina committed to reducing the INPI patent backlog and improving examination quality. These steps aim to create a faster and more reliable system for applicants.

Stronger anti-counterfeiting enforcement

The statement highlights recent actions taken in major counterfeit markets. Argentina plans to reinforce enforcement efforts across physical and online environments to better protect innovative products and brands.

Regulatory commitments affecting health industries

The framework includes measures relevant to the pharmaceutical and medical device sectors. Argentina will accept FDA certificates and prior U.S. approvals, which may streamline regulatory pathways.

Test data protection

The 2024 Special 301 Report also noted insufficient regulatory data protection. Current rules allow third parties to rely on undisclosed test data. To align with countries like Mexico, Chile, Colombia and Peru, Argentina is expected to update its sanitary regulations.

Looking ahead

Although the announcement does not mention the PCT, frameworks of this kind often lead to deeper technical discussions. Future accession could become a possibility. The evolution of patentability rules, INPI backlog, data protection and enforcement will shape the next phase. Our team will continue monitoring every development.

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