Argentina debates joining Patent Cooperation Treaty, a move that could streamline international patent filings

Argentina's Congress is preparing to debate its potential accession to the Patent Cooperation Treaty (PCT). This international agreement, managed by the World Intellectual Property Organization (WIPO), seeks to streamline and standardize the initial stages of filing patent applications globally. While the PCT facilitates the process for individuals, universities, research centers, and companies seeking to protect inventions in multiple countries, it does not itself grant patents.

Currently, 158 countries are signatories to the PCT, including major developed and emerging economies. In most member states, patents typically last 20 years from the filing date, a process that can often take several years. Within Latin America, only Argentina, Bolivia, Paraguay, and Venezuela are not part of the PCT. Notably, Argentina stands as the sole G20 member nation yet to join the treaty. Discussions in Argentina often involve differing perspectives from multinational versus national laboratories, each with distinct interests.

A central aspect of the treaty under consideration is Chapter II, which provides an optional preliminary examination. This stage allows inventors to address observations and receive a more thorough evaluation before proceeding to national phases. However, Article 64 of the treaty's annex allows signatory countries to opt out of Chapter II provisions through a reservation. This clause is the basis for the current proposal in Argentina's Congress to approve the treaty partially, excluding Chapter II.

This specific point has become a significant point of contention within the legislative debate, leading to three different committee opinions. The commissions of Foreign Relations and Worship, General Legislation, and Industry have all expressed their views. The parliamentary consideration of the PCT is reportedly linked to a commercial understanding reached between Argentina and the United States, wherein Argentina committed to submitting the treaty for congressional approval.