Publication of the Amendments to the Federal Law for the

Protection of Industrial Property

April 3, 2026

On April 3, 2026, a Decree amending and adding the Federal Law for the Protection of Industrial Property was published in the Official Gazette of the Federation. This reform aims to strengthen technology transfers, simplify the patent prosecution process, and incorporate inclusive language. Improved mechanisms for claiming damages were not included, however.

The most relevant points of the Decree are the following:

• Inclusive language is incorporated throughout the entire text of the law.
• A provisional patent application is established.
• Maximum deadlines are established for the Mexican Institute of Industrial Property (IMPI) to issue final resolutions, as follows:

1. 1. 1 year for patents, as well as utility model and industrial design registrations.
   2. 2 months for layout designs.
   3. 5 months for the registration of any distinctive signs (trademarks, trade names, slogans).
   4. 5 months for the resolution of oppositions filed regarding declarations of protection of appellations of origin or geographical indications.
   5. 2 months to grant authorization for the use of an appellation of origin and geographical indications.

• A procedure for issuing definitive resolutions of patents and registrations is established in case of administrative silence on the part of the IMPI, which can be initiated once the legal deadline has expired. To this end, a Specialized Technical Committee will be created, which will be the body responsible for resolving such matters.
• Restitution of priority dates for patent and industrial design applications will be included in the Law.
• The amendment includes the patent application reestablishment.
• The claim of ownership of a patent, as well as utility model or industrial design registration, is established.
• Issuance of supplementary certificates for patent protection is provided for unjustified delays in issuing corresponding commercial authorizations.
• New impediments for trademark registration are included. Trademark registration shall not be granted when the proposed sign is the same or similar to titles of publications and periodicals, fictitious or symbolic characters, human characterizations, artistic names or artistic groups. Likewise, signs that are the same or similar to elements of the cultural heritage of indigenous and Afro-Mexican peoples and communities shall not be registered.
• Registration of new, non-traditional trademarks (position, motion and multimedia marks) are included. Taste marks, however, were not included.
• A distinction is made between formal examination and substantive examination in the registration procedure of distinctive signs.
• Mandatory registration of changes to the name, denomination or company name of the owner of a distinctive sign is included.
• Ambush marketing is established as an act of unfair competition.
• Sanctions for infringing conducts committed using Artificial Intelligence will be imposed through this amendment.
• The IMPI is empowered to establish rules for the electronic filing, substantiation, and resolution of administrative declaration of infringement procedures.
• New powers are granted to IMPI to:

1. 1. Provide legal counsel on technology transfer agreements.
   2. Establish cooperative frameworks with the Secretary of Science, Humanities, Technology and Innovation.
   3. Promote the adoption of regulatory compliance systems for intellectual property.

• The Secretary of Science, Humanities, Technology and Innovation is integrated onto the IMPI´s Governing Board.
• The Decree enters into force on the day following its publication in the Official Gazette of the Federation.