Initiative to reform the Federal Law for the Protection of Industrial Property.

September 18, 2025

The Initiative for the Bill to amend and repeal various provisions of the Federal Law for the Protection of Industrial Property in the Field of Technology Transfer and to Simplify the Patent and Registration Process was published in the Senate Gazette on September 15, 2025, which was introduced by the Head of the Federal Executive Branch.

Key points of the initiative include:

• The figure of a provisional patent application was established.
• Deadlines were established for the Mexican Institute of Industrial Property (IMPI) to issue final resolutions.
• The figure of ¨fictitious affirmation¨ was introduced, so that if administrative silence on the part of the IMPI at fifteen days (non-extendable) past the legal deadline occurred, this would be understood as an affirmative response.
• Priority dates for patent and industrial design applications were reintroduced into the law.
• Restoration of the right to the patent application was included.
• The claim of ownership for a patent and the registration of a utility model or industrial design was established.
• The issuance of certificates for the complementary protection of pharmaceutical patents, due to unjustified delays in issuing the corresponding health registration, was introduced.
• New impediments for trademark registration were included. Trademark registration shall not be granted when the sign proposed for registration is the same or similar to titles of media publications, fictitious or symbolic characters, human-like characters, artistic names, and names of artistic groups. Likewise, signs that are the same or similar to elements of indigenous and Afro-Mexican peoples, communities, and cultural heritage shall not be registrable.
• Ambush marketing was introduced as an act of unfair competition.
• Inclusive language was incorporated throughout the entire law.
• Penalties for infringing conduct were established, including those committed using Artificial Intelligence.
• New, non-traditional trademarks were included, such as position marks, motion marks, and multimedia marks.

We will provide updates on this important initiative throughout the legislative discussion and approval process.