A smarter path to innovation: Latin America’s new wave of patent reforms

In recent years, Latin America has experienced a noticeable shift in its patent landscape. Rather than a collection of isolated regulatory changes, the region is undergoing a broader transformation aimed at modernising national patent systems, reducing prosecution timelines, and bringing local practices closer to international standards. This momentum reflects not only a growing concern for protecting inventions but also a deeper commitment to fostering innovation and bringing new technologies into the region.

One of the most significant developments in this transformation has been Brazil’s decision to join the Global Patent Prosecution Highway (GPPH) in 2024. This multilateral framework allows participating patent offices to rely on positive examination results issued by other offices, thereby accelerating the prosecution of corresponding applications. For applicants, this opens the door to more efficient and coordinated filing strategies across jurisdictions. In the Latin American context – where patent examination has traditionally been associated with lengthy timelines – Brazil’s participation in the GPPH represents a meaningful shift towards efficiency and international cooperation, with potential ripple effects throughout the region.

Chile has also taken a step towards international harmonisation by approving the Patent Law Treaty (PLT). While the PLT does not change patentability criteria, it streamlines formal procedures and reduces uncertainty for applicants operating across multiple jurisdictions. Chile also maintains provisional filing mechanisms that give inventors more flexibility to refine their applications.

In Central America, Costa Rica stands out for advancing protection mechanisms that connect the region more closely with the European patent system. Through recent agreements, Costa Rica allows patents granted by the EPO to be validated at the national level, provided that the applicant requests validation and pays the corresponding fees. This ‘validation state’ model expands strategic options and enables protection in Costa Rica without the need for an independent national grant. For companies seeking efficient pathways into Latin American markets, this approach offers a valuable alternative that reduces costs and procedural complexity.

Peru’s recent initiatives are also relevant to the modernisation trend. INDECOPI, the country’s national authority for intellectual property and competition matters, has launched AnualiPat, a digital platform that simplifies the payment of patent annuities and plant variety fees. While not a substantive legal reform, it improves the user experience and reduces administrative burdens.

One country that truly deserves applause for its commitment to innovation is Uruguay. With its decision to officially join the Patent Cooperation Treaty (PCT) on October 7 2024, and accession entering into force on January 7 2025, Uruguay has shown a clear determination to strengthen its position in the global innovation landscape. This milestone strengthens the region’s integration into the global patent system, making Uruguay more accessible to innovators worldwide by allowing PCT applicants to enter the national phase directly. It signals Uruguay’s commitment to innovation and expands the region’s connectivity to international technology flows.

This growing momentum across the region is not only reshaping current practices but also setting the stage for the next wave of reforms. In the coming years, the focus is likely to shift from operational upgrades to deeper legal and procedural modernisation – particularly in countries where major changes are already being discussed.

Key developments across the region include the following:

• Brazil – joined the GPPH in 2024, accelerating examination;

• Chile – approved the PLT and maintains provisional filing mechanisms;

• Costa Rica – allows validation of EPO patents at the national level;

• Peru – launched AnualiPat for digital annuity payments; and

• Uruguay – joined the PCT (effective January 7 2025).

Two countries stand out for their potential to shape this next phase of regional reform.

Mexico, where the Federal Law for the Protection of Industrial Property came into force in 2020, is advancing proposals to introduce provisional patent applications – designed to secure a priority date while allowing up to 12 months to file a complete application – and to establish maximum response times for IMPI, the Mexican Institute of Industrial Property, addressing long-standing concerns over administrative delays.

Meanwhile, Argentina offers a particularly hopeful sign of further transformation. In November 2025, Argentina and the US announced joint commitments aimed at strengthening Argentina’s intellectual property framework, including modernising patent criteria and improving the overall system. While no formal changes have been enacted yet, these developments suggest that Argentina could pursue major patent reforms in the short term, potentially including accession to the PCT – a step that would further integrate the region into global patent systems and reinforce Latin America’s momentum towards modernisation.

Together, these reforms and initiatives show a region moving towards more modern and competitive patent systems. Latin America is gradually building a patent ecosystem that is more efficient, accessible, and aligned with international standards. While each country continues to move at its own pace, the broader regional direction is increasingly coherent and forward-looking.

What we are witnessing in Latin America today is more than a series of isolated legal reforms; it is a regional movement with an increasingly clear objective: to build patent systems that are more agile, predictable, and compatible with global practices. These advances not only make it easier for foreign applicants to protect their inventions but also strengthen local innovation ecosystems by encouraging entrepreneurs, universities, and companies to invest in R&D with greater confidence.

If this momentum continues, the region’s patent landscape could undergo a profound transformation in the coming years. Latin America may move away from being perceived as a jurisdiction defined by complexity and prolonged timelines, and instead emerge as an attractive environment for research, development, and technological collaboration – one in which protecting an invention is a natural and integral part of the innovation cycle.

In this sense, the reforms and initiatives observed in 2024 and 2025 represent far more than procedural updates; they signal a region that is increasingly aware of its creative potential and is taking concrete steps to support it through more modern and competitive patent systems. And that is, without a doubt, encouraging news for everyone who believes that innovation can drive meaningful and lasting change.