After several months of legislative frenzy including Presidential vetoes and attempted overrides by the legislature, the necessary amendment to the Argentine Patent Law to implement the GATT-TRIPs Agreement was signed by President Menem on October 18, 1995, and came into effect on October 31, 1995. (su versión completa en archivo: Shut's Lucía, Legislación3.doc WORD)

The main changes are as follows:

1) Pharmaceutical products will become patentable on November 1, 2000.

2) The term of a patent will be 20 years from its filing date as opposed to a maximum of 15 years from grant as at present.

3) Patent applications will be published 18 months from their filing date and examination will no longer be automatic but must be requested by the applicant within three years of the date of filing the application.

4) The definition of novelty is amended slightly to make it clear that any form of disclosure of the invention anywhere in the world before the priority date of an application claiming it will be a bar. However, a new grace period of one year prior to the filing date or priority date is provided for disclosures originating from the inventor or those deriving title from him. Contrary to earlier expectations, however, the new law retained the possibility of obtaining protection by way of confirmation patents based on patents granted in other countries.

5) The need for the invention to be non-obvious (display inventive activity) in order to be patentable is made explicit.

6) The provisions relating to compulsory licensing are amended to comply with the requirements of the Paris Convention and the GATT-TRIPs Agreement. In particular, the working requirements may be met by importation of the product protected by the patent.

7) Provision is made for Utility Model protection. Such protection will require local novelty only and need not demonstrate inventive activity. The term of protection will be 10 years from filing, subject to the payment of annual maintenance fees. Conversion of a patent application into a utility model application and vice versa will be possible.