The U.S. Chamber of Commerce (US Chamber) has once again placed Argentina’s intellectual property laws among those offering the weakest effective protection — among other reasons, because Argentina is not a party to the PCT.
In a report evaluating 55 countries, Argentina falls below international standards and even below the Latin American average — closer to the least developed countries, even within South America.
The reasons are problems in the patent system, failure to join international treaties, and difficulties in the courts when it comes to protecting innovators’ rights.
U.S. criticism of Argentina’s IP laws
The document highlights three critical issues in Argentine legislation:
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Restrictions on patentability
The document points to restrictions on patenting in sensitive fields such as biopharmaceuticals, biotechnology, and computing. It also notes the lack of incentives for these technologies, for example for orphan drugs or regulatory data protection.
According to the US Chamber, Argentina applies criteria that run counter to the international standards set by treaties such as the TRIPS Agreement, creating legal uncertainty for developers and investors in the sector.
These obstacles affect not only foreign companies interested in operating and investing in the country but also local innovators, who find it difficult to register and protect inventions related to software or new medical treatments.
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Lengthy delays in the patent process
The second critical issue is the excessive time it can take to obtain a patent in Argentina, which can exceed 10 years. This structural delay not only discourages innovation but also creates legal and commercial uncertainty.
Argentine legislation presents serious obstacles for innovators, technology companies, and rights holders. The report highlights the delays, regulatory hurdles, and the absence of concrete reforms.
These delays affect small and medium-sized businesses, independent developers, and strategic sectors that need certainty in order to scale their projects or license their technology. From an investment standpoint, the problem is serious: without clear and adequate protection, opportunities fade away.
They also put Argentine stakeholders at a competitive disadvantage, given the contrast with the timelines of other intellectual property offices in the Americas.
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Argentina has not joined the Patent Cooperation Treaty (PCT)
Argentina remains one of the few countries in the world that is not a party to the PCT, the international system administered by WIPO. Under this system, protection for an invention can be sought in more than 150 countries through a single initial international filing procedure.
Not being part of the PCT limits the global reach of Argentine inventions, especially for entrepreneurs, SMEs, and research centers that need to scale their protection efficiently and affordably.
The U.S. experts state that joining the PCT would not only improve Argentina’s legal environment but would also send a clear signal of openness and alignment with international best practices in intellectual property.
Will Argentina open up to the PCT in the near future?
The US Chamber also warns about judicial barriers and gaps in the enforcement of Argentina’s intellectual property laws, which make it harder to take action against infringement, piracy, or counterfeiting.
Despite these observations, the U.S. report acknowledges that, after President Javier Milei took office in December 2023, Argentina began a process of structural reforms, including a review of its intellectual property legal framework.
So far, no concrete bills have been introduced, although the topic is expected to be included on the agenda of the Ministry of Deregulation and State Transformation — because Argentina’s intellectual property laws must be a priority.
For companies and developers operating in the country, the evolution of the legal framework and accession to international treaties such as the PCT could improve the conditions for protection, speed up procedures, and make it easier for local innovations to expand globally.
At Eguía Marcas y Patentes, we closely follow regulatory changes in order to anticipate risks and support our clients with clear, effective legal strategies.
