In 2012 Argentina issued new Guidelines for the Patentability Examination of Patent Applications for Chemical and Pharmaceutical Inventions, whose intent seems to grant patents only on new molecules, and not inventions relating to already existing molecules. The main goal of these Guidelines is to improve access to drugs. The article considers that, although the problem of access to drugs is worth any effort, the Argentine Guidelines could result in decreased investments in research for incremental innovations, and reduce the flow of new drugs. The last part of this article deals with the problem of the consistency of the Argentine Guidelines with the TRIPS Agreement, showing that it is possible to doubt said consistency
The Argentina Guidelines for the Examination of Chemical and Pharmaceutical Patent Applications. Long-Term Effects on Inventive Activity and Compliance with the TRIPS Agreement
Di Cataldo, Vincenzo
Writing – Original Draft Preparation
2017-01-01
Abstract
In 2012 Argentina issued new Guidelines for the Patentability Examination of Patent Applications for Chemical and Pharmaceutical Inventions, whose intent seems to grant patents only on new molecules, and not inventions relating to already existing molecules. The main goal of these Guidelines is to improve access to drugs. The article considers that, although the problem of access to drugs is worth any effort, the Argentine Guidelines could result in decreased investments in research for incremental innovations, and reduce the flow of new drugs. The last part of this article deals with the problem of the consistency of the Argentine Guidelines with the TRIPS Agreement, showing that it is possible to doubt said consistencyI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.