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

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

The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Gift this article