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

Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Gift this article