Closer to the PCT: A Historical Debate That Could Turn Into an Opportunity
By Mariel Chichisola
This article was originally published on abogados.com.ar
Amid recent discussions about a possible economic agreement between Argentina and the United States, a long-standing issue has resurfaced: the need to modernize the country’s intellectual property system.
According to reports, the draft agreement would include a specific chapter dedicated to the protection of intellectual property, focusing on three main areas:
- the protection of clinical trial data,
- the review of patentability criteria, and
- Argentina’s potential accession to the Patent Cooperation Treaty (PCT).
Accession to the Patent Cooperation Treaty (PCT)
Argentina’s potential accession to the Patent Cooperation Treaty (PCT) represents much more than a technical modification.
It is a strategic decision the country has been evaluating for decades—one that, if implemented, could mark a significant shift in how innovation and invention protection are managed.
The PCT, administered by the World Intellectual Property Organization (WIPO), simplifies and harmonizes procedures for filing patent applications in more than 150 countries.
It allows researchers, entrepreneurs, and companies to submit a single international application, gaining time to assess markets, seek strategic partners, and plan investments before entering individual national offices.
In simple terms, it offers greater predictability and efficiency, facilitating the expansion of technological developments beyond borders.
Latin America
Argentina remains one of the few countries in the region that has not yet joined the PCT system.
Current contracting states include Brazil, Chile, Colombia, Mexico, Peru, Uruguay, Paraguay, Costa Rica, Panama, and the Dominican Republic, among others.
This distinction places Argentina in a different position within a regional context that, overall, has been moving toward aligning its industrial property systems with international standards.
For many countries, this shift has meant a gradual institutional modernization that enhances cooperation among national offices and promotes greater transparency and consistency in procedures.
Integration, Development, and Competitiveness
The prospect of joining the PCT aligns with a national policy focused on sustainable development, attracting investment, and integrating the country into global value chains.
In a context where the knowledge economy and technology are key drivers of growth, strengthening innovation protection becomes an essential tool to support that process.
Accession to the PCT would also provide greater legal certainty for investors and right holders, encouraging the registration of local inventions and enabling Argentine universities, startups, and technology centers to plan their international expansion with instruments comparable to those of their peers in other countries.
Argentina on the Global Stage
A country that seeks to fully integrate into the global economy needs an updated regulatory framework aligned with international practices.
The PCT is one of the available tools to move in that direction, promoting cooperation and efficiency in the field of patents.
In a global landscape that values agility and collaboration, joining the PCT can be seen as a step toward institutional modernization and the creation of a more innovation-friendly environment.
After more than 30 years of debate, the topic has returned to the national agenda with a renewed perspective: evaluating its implications and potential benefits could offer an opportunity to redefine Argentina’s industrial property policy.
For further information please contact mariel.chichisola@ojamip.com
