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Argentina Repeals 2012 Drug-Patent Rules, Restores Case-by-Case INPI Review

Officials frame the move as aligning intellectual property policy with global practice to advance the U.S. trade agenda.

Overview

  • Resolución Conjunta 1/2026 took effect with its publication in the Boletín Oficial, signed by Health Minister Mario Lugones, Economy Minister Luis Caputo and INPI president Carlos María Gallo.
  • INPI will now assess pharmaceutical patent applications individually under Law 24.481’s standards of novelty, inventive step and industrial application.
  • A non‑retroactive transition specifies that products already being sold locally cannot be blocked from continued sale or charged compensation if related patents are granted after the change.
  • The government presents the overhaul as a return to international IP norms tied to progress on a bilateral trade and investment understanding with the United States.
  • Reactions split the sector: CAEMe and officials cite greater predictability and investment appeal, while CILFA and public‑health experts warn about evergreening, extended monopolies, higher prices and potential legal challenges to the transition clause.