Argentina expands access to accelerated patent prosecution

Analysis of INPI Resolution 142/2026

On May 13, 2026, the Argentine National Institute of Industrial Property (INPI) published Resolution 142/2026, amending Resolution P-056/2016 and significantly broadening access to Argentina’s accelerated patent prosecution mechanism.

The amendment introduces an important procedural change for patent applicants holding equivalent patents granted abroad: requests to benefit from the accelerated mechanism may now be filed at any stage of prosecution, provided that no final administrative decision granting or rejecting the application has yet been issued.

The previous framework

Resolution P-056/2016 established a simplified prosecution system under which the National Patent Administration could deem certain substantive patentability requirements satisfied when an equivalent patent had already been granted by a foreign patent office conducting substantive examination under standards comparable to those applied in Argentina.

However, the original framework imposed a significant timing restriction: the mechanism could only be requested if substantive examination had not yet commenced. In practice, this substantially limited its usefulness, as many applicants identified the strategic advantages of accelerated prosecution only after examination had already begun.

Changes introduced by Resolution 142/2026

The new resolution expressly repeals Section 4 of Resolution P-056/2016 and replaces Section 5, thereby eliminating the previous timing limitation.

The amended provision states that:

“The applicant may voluntarily request the application of this Resolution (…) at any stage of prosecution prior to the issuance of the administrative decision granting or rejecting the application.”

The resolution preserves the remaining substantive requirements of the system, including:

• The need to align the scope of the Argentine claims with the claims granted abroad
• Submission of the corresponding translation
• INPI’s authority to assess eligibility on a case-by-case basis

The National Patent Administration must issue its decision within 60 days from the filing of the request.

Practical impact and strategic considerations

The amendment clearly aims to simplify and expedite patent prosecution in Argentina, in line with international trends favouring the use of examination results issued by foreign patent offices.

From a practical standpoint, the reform provides applicants with greater flexibility, allowing them to evaluate the convenience of entering the accelerated regime even after substantive examination has begun or after office actions have been issued by Argentine examiners.

The new regulation may also help:

• reduce prosecution timelines
• optimize administrative resources
• lower costs associated with multiple examination rounds
• improve procedural predictability

The change is particularly relevant for multinational companies managing global patent portfolios that already benefit from favorable examination outcomes issued by major offices such as the USPTO, EPO, JPO, or CNIPA.

Nevertheless, the resolution does not create an automatic grant system. INPI retains authority to verify compliance with Argentine patentability requirements and to assess the effective correspondence between foreign-granted claims and those pursued locally.

Conclusion

Resolution 142/2026 represents a positive development in Argentina’s accelerated patent prosecution framework. By removing the timing restriction that had existed since 2016, INPI has introduced a more flexible procedural tool aligned with administrative efficiency and international patent examination cooperation practices.

The reform will likely increase the use of accelerated prosecution mechanisms by both local and foreign applicants and may contribute to reducing average patent grant timelines in Argentina.