ARGENTINA
April 17, 2015
The new guidelines published in 2012 keep on putting obstacles and limitations to the patentability of pharmaceutical products. These guidelines are subject to revision of the competent Courts.
As of today, they contain provisions such as the following: A polymorph is not an invention but rather a property of the corresponding substance; when the molecular structure of a racemic compound is revealed, also its enantiomers are revealed for an expert in the art; the disclosure of the basic formula of compounds described through Markush formula equals to the disclosure of each compound resulting of the substitution of the radicals; a compound described through a Markush formula will have to be exemplified in the specification for it to be protected; there will be no selection inventions even if an element of the previously described group provides superior properties.