Mexico’s New Patent Law to Boost Innovation

Mexico City — The Senate of the Republic, alongside government officials and specialists, is advancing a reform to the Federal Law for the Protection of Industrial Property. The initiative focuses on Technology Transfer and aims to simplify the process for protecting patents and registrations, as well as combat piracy in Mexico.

During a meeting in commissions, Santiago Nieto Castillo, Director General of the Mexican Institute of Industrial Property (IMPI), stated that among the objectives of the initiative is to strengthen scientific, technological development, and innovation. He said it seeks to propel technological transfer, accelerate the granting of Mexican patents, and protect and promote distinctive signs, products, services, inventions, designations of origin, and geographical indications.

Furthermore, the reform aims to foster the protection of intellectual property and position Mexico as a developing nation with a productive and competitive economy on a global level.

Nieto Castillo highlighted the progress made with "Operation Cleanup" against piracy, an alliance between the federal government and state governments. He stated the operation seeks to protect the prestige of registered trademarks, prevent risks to the health and life of consumers, and avoid economic damage to national industry.

Emmanuel Reyes Carmona, President of the Commission of Economy, commented that the project sent by the head of the Federal Executive is not merely a technical adjustment to the legislation, but a true update of the mechanisms with which Mexico protects the creativity, knowledge, and innovation of its people.

He emphasized that the reform strengthens IMPI by granting it powers to supervise, sanction, and advise, as well as to foster technology transfer and guarantee a framework against unfair practices and piracy. This, he said, will transform the institute into a more agile, modern, and accessible institution for entrepreneurs.

César García Mondragón, head of the Legal Affairs Unit of the Ministry of Economy, explained that relevant legal figures are being incorporated into the Federal Law for the Protection of Industrial Property. These include the provisional patent application, which opens a simplified pathway that establishes priority and gives applicants up to 12 months to perfect the memory and claims.

He explained that this would generate a lower initial cost, allows for the incorporation of the pending patent figure, and provides leeway to conduct investment rounds before a complete application is filed.

Objectives of the Initiative

The initiative elevates to the status of law the obligation for IMPI to resolve matters within definitive and pre-established timeframes. This represents a substantial reduction in response times. Consequently, procedures that previously could be extended, such as the resolution of a patent or the registration of a trademark or trade name, will now have timeframes that are 20 percent shorter.