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 2025

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

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

IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Gift this article