Argentina – Patent Law Developments 1994

Despite pressure from Vice President Gore during a visit to Argentina in March and the possibility of United States action under Section 301 of the Tariff Act, revision of Argentina’s patent law remains stalled in the legislature, some Argentine legislators taking the view that any upgrading of Argentina’s patent laws should be conditioned upon the United States granting greater access to its markets for goods of Argentine origin. In the meantime, however, Patent Office Resolution 221 has been adopted and will come into full effect on July 29, 1994. Under the terms of this directive, if one has secured grant of a United States or European patent, submission of a certified copy thereof will suffice to secure grant of an Argentine patent of equivalent or lesser scope without any further prosecution before the Argentine Patent Office. It is, of course, still necessary to comply with the subject matter restrictions on patent protection in Argentina which, until the law is amended, continue to preclude the grant of patents for pharmaceutically active compounds, although intermediates used in the production of such compounds are protectable as are other chemical products.