Mexico reduces prosecution timelines.

In the recent Reform that entered in force to Mexico’s Federal Law for the Protection of Industrial Property (LFPPI), a special emphasis has been made to reduce the overall prosecution timeframe for all patent, utility model and design applications.

This Reform establishes a maximum timeframe for the Mexican PTO (IMPI) to resolve on the issuance or rejection of a patent application, utility model or design application which should not exceed one year after substantive examination has begun. If after one year there has been no resolution, the applicant may request the issuance of a mandatory resolution through the newly created specialized technical committee that is appointed by IMPI’s board of directors.

In order to comply with these tight prosecution timeframes, an amendment to the administrative regulations was introduced to limit the number of substantive office actions from four to only two for all patent and utility model applications. This amendment entered in force on March 12, 2026, and applies to all patent and utility model applications filed in Mexico from that date and onwards.

While the effort to reduce prosecution timeframes is recognized, there is general uncertainty on the feasibility for the Mexican PTO to handle this significant increase in their workload and if this shortening of timeframes could provoke a massive filing of requests for mandatory resolutions by applicants. There is also concern that there will be a decrease in the quality of the substantive office actions in view of the reduced timeframes.

The new prosecution timeframes will apply for all patent applications that are filed in Mexico starting from the date in which the Reform has entered in force. However, applications that are pending and which were filed before the Reform entered into force can apply for a mandatory resolution once the specialized technical committee has been assembled.

Further developments are anticipated, as the implementation of the Regulations is still pending and is expected to occur in the near term.

At OLIVARES, we are closely monitoring the implementation of these changes and will keep you informed of any further relevant developments.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Sergio L. Olivares

Partner

Sergio Olivares, Jr. joined OLIVARES in 1987 and today leads the firm with strength and a commitment to transparency, client satisfaction, and personal service. He has been a partner since 1994 and Chairman of the Management Committee since 2009.

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.

Rommy Morales

Partner

Rommy Morales is partner of OLIVARES, joining the company in 2008. She has counselled a number of the world’s top pharmaceutical, biotechnology, and chemical companies regarding the protection and enforcement of their intellectual property rights. She co-chairs the Patent Group, overseeing the filing and prosecution of patents. Because of her extensive technical expertise and background, Rommy Morales is one of the foremost experts on the prosecution and enforcement of pharmaceutical patents in Mexico.

ASSOCIATES

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000

Uncategorized

Regresar...