Argentina: Legal protection of innovations

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Argentina: Legal protection of innovations

When it comes to protecting new technologies, it may be difficult to decide between trade secret and patent protection.

Trade secret regime

The reasons for keeping knowledge secret include the time and costs of obtaining the patent, the payment of annual taxes and the limited duration of the patent right.

The risk of a patent application being rejected should be assessed, as in this case there is a public disclosure, and the protection of secrecy is therefore lost.

Advantages of the patent system

The trade secret regime does not constitute a foolproof form of protection, because in many cases it is impossible to prevent knowledge from reaching competitors; or due to the lack of exclusivity, the same technology might be developed independently by others (for example, through the process of reverse engineering.)

Additionally, if a third party obtains by themselves certain information that was being kept confidential and decides to patent it, the resulting patent will be completely valid, and the person will be able to bring legal actions against any other person that exploits such information without the former's consent (even if it were the first person that had developed and obtained said knowledge.)

Previous possession of the invention

While the inventor does not disclose their invention, they may opt – as expressed in the above paragraph – for the protection conferred by the regulations that protect industrial secrecy.

"Previous possession" is when the inventor prefers to exploit their invention as a "manufacturing secret" or "industrial secret" instead of opting for protection through the invention patent regime. In countries such as Germany, France and Spain, it has been admitted that the second inventor could not claim their patent in order to cease the exploitation by the first inventor.

So what does the applicable Argentine legislation stipulate in this regard? It remains silent regarding the so called "right of personal possession", for which reason we consider that said rights are non-existent under our legal regime.

The denial of the "right of previous possession" increasingly encourages inventors to disclose their creations by starting the patent procedure, thus contributing to the technological progress.

Daniel R Zuccherino


Obligado & CiaParaguay 610, 17th FloorC1057AAH, Buenos Aires, ArgentinaTel: +54 11 4114 1100Fax: +54 11 4311 5675admin@obligado.com.arwww.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Another firm sets up shop in Dallas, bringing its patent disputes capabilities to one of the US’s busiest litigation venues
Entrepreneurial IP lawyers are still launching specialist firms, but increasingly with larger teams, broader coverage and greater infrastructure than the boutique model once implied
Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
Gift this article