Significant modification to the last edition of the linkage gazette.

On August 20, 2025, the Mexican Institute of Industrial Property (IMPI) published the latest edition of the Linkage Gazette introducing a substantial difference, consisting that the Gazette no longer reproduces the most “relevant claims” of the patent but instead provides a link that redirects to the Letters Patent.

This is a relevant change that will impact on the Linkage System, as access to information will be more complex for all the parties involved, namely the Federal Commission for the Protection against Sanitary Risks, IMPI and the users, as it seems that while reviewing the Linkage Gazette, they will have to analyze all granted claims and it could be understood that the authority must now take into consideration all the claims and not only the “relevant” or requested ones.

It is worth mentioning that the Federal Law for the Protection of Industrial Property establishes that IMPI should publish at least twice a year a Gazette, including all patents susceptible of being applied to allopathic medicines and our regulations to our IP law determines that the Gazette should include the term of the patent and the INN. However, it is silent regarding the publication of the specific or relevant claims. 

Avoiding the publication of the most relevant claims may provoke criticism, due to the lack of specific information about the publication, as it is known that not all the claims of a patent should be reviewed or observed during the Linkage process, now as mentioned, it will be more complex and time-consuming.

After analyzing this modification, we consider that when requesting the inclusion of a patent within the Linkage Gazette, before IMPI (active ingredient and pharmaceutical compositions patents), or by means of a Constitutional Action in case of non-listed patents, the most relevant claims, should be mentioned. 

At OLIVARES, we will keep our clients closely informed on this matter, monitoring how this change impacts the current Linkage System.

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

Alejandro Luna F.

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.

Gustavo Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.

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