Protecting an invention in different markets requires making decisions that do not always come at the best time. You have to choose in which countries to file patent applications when, in many cases, it is not yet clear what the commercial trajectory of the technology will be.
The Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO), allows applicants to have a little more time before making those decisions.
Contrary to what its name might sometimes suggest, there is no such thing as an “international patent.” The PCT provides a common pathway for initiating protection in multiple countries and allows for a deferral—generally up to 30 or 31 months from the priority date—of entry into the various national phases.
In this context, Argentina has just taken a significant step. The country is not yet part of the system, but the progress of its parliamentary process has once again brought to the forefront an accession that has been pending for more than five decades.
The PCT: Time to Decide Where to Protect an Invention
A PCT application allows you to initiate, through a single procedure, a protection strategy that can cover multiple countries. In addition, it includes an international search and preliminary information on the patentability of the invention.
But one of its most practical advantages is the calendar.
Entry into the national phases can generally be postponed until 30 or 31 months after the priority date. And it is precisely at that point that a large portion of the costs tend to be concentrated: translations, official fees, and local representatives’ fees, among others.
That time can be particularly valuable when it is not yet clear which markets will have genuine commercial interest in the technology in question.
Argentina is resuming a process that began more than 50 years ago
Argentina signed the treaty in December 1970, although it never actually became a contracting state. More than five decades later, the process is moving forward again.
On August 26, 2026, the Argentine Chamber of Deputies approved the bill aimed at finalizing accession. However, there are still steps to be taken.
The bill will have to return to the Senate as a result of the reservation entered regarding Chapter II of the PCT, which pertains to the international preliminary examination. This reservation would allow Argentina to avoid being bound by the provisions of that chapter—a possibility provided for in the Treaty itself and one that Uruguay, for example, has also utilized.
Therefore, it is important to distinguish between progress in the legislature and actual accession. Argentina is not yet a contracting state to the PCT. What has occurred is another significant step in a process that has been pending for decades.
What Would Change If Argentina Joined the PCT?
On the one hand, Argentine applicants could use the PCT to launch their international protection strategies through a centralized process. On the other hand, foreign companies could include Argentina in their PCT strategies without necessarily having to file a direct national application from the outset.
There is also a fact that helps illustrate the importance of this move: Argentina is currently the only G20 country that is not yet part of the PCT system.
The difference would also be significant in terms of timing. If accession ultimately takes place, it would no longer be necessary to file a national application in Argentina within 12 months of the priority date. Entry into the national phase could take place up to 30 or 31 months from the priority date.
A system that continues to add countries
Argentina is not an isolated case. More than half a century after the Treaty entered into force, the PCT map continues to expand.
On August 19, 2026, the Bahamas became the 159th contracting state, having deposited its instrument of accession three months earlier. Since then, applicants from the Bahamas have been able to use the PCT system, and new international applications automatically include a designation for the Bahamas.
Its accession follows several other relatively recent ones. Uruguay became a party to the Treaty in January 2025; Mauritius, in 2023; and Cape Verde, Iraq, and Jamaica, in 2022.
Each new accession expands the possibilities offered by the system. For an innovative company, being able to keep open the option of protecting an invention in a greater number of markets through a single initial procedure simplifies decision-making and reduces the need to adopt national strategies too early.
The PCT has very broad coverage, but it is not universal
Despite this growth, there are still countries that are parties to the Paris Convention for the Protection of Industrial Property but remain outside the PCT.
In South America, in addition to Argentina, there are Bolivia, Guyana, Paraguay, Suriname, and Venezuela. The same is true in other regions for countries such as Andorra, Bangladesh, Pakistan, Nepal, and Ethiopia.
This must be taken into account when designing an international patent strategy. The PCT can be used for contracting states, while in countries that are not part of the system, it is still necessary to file direct national applications within the applicable priority periods.
In other words, the PCT greatly simplifies the process, but it does not eliminate the need to decide where it is actually in one's best interest to protect an invention.
Internationalizing a patent does not mean protecting it everywhere
That is likely one of the key aspects of the system. A PCT application does not create a patent right valid worldwide, nor does it guarantee that the invention will be granted in every country. What it does offer is a common international phase that provides the applicant with something particularly useful before making significant investments: time, information, and room to make decisions.
During that period, many things can change. It may become clear that a market has more potential than anticipated, technology may advance, a potential partner or licensee may emerge, funding may be secured, or a better understanding of the competitive landscape may be gained. All of these factors can alter the initial priorities for protection.
Argentina’s potential inclusion ultimately serves as a reminder of a fundamental principle in any international patent strategy: internationalization does not necessarily mean protecting an invention in as many countries as possible, but rather keeping open the necessary options so that, when the time comes, one can decide where it is truly worth doing so.
Pedro Saturio
Associate Partner in the Patent Practice at ELZABURU and European Patent Attorney