Draft of Decree for Patent Linkage by the Mexican Government.

February 19, 2025

On February 12, 2025, the Federal Commission for Protection against Health Risks (COFEPRIS) and the Mexican Institute of Industrial Property (IMPI) published a draft of the technical collaboration mechanism between both entities, with the intention to comply with the United States-Mexico-Canada Agreement (USMCA).

It mainly establishes two “formats” that each authority will publish in their web page and specifies the information to be included in the Allopathic Medicines Gazette and information of the communication before COFEPRIS and IMPI.

It also mentions that COFEPRIS’ “format” for the technical cooperation must include the opposition format, along with the information provided by the patent owner or its licensee and/or sublicensee.

This implies that the notice and opposition opportunity will take place before COFEPRIS and not IMPI and we assume that it is going to be described in further formats or in any other law or regulation.

In conclusion, we consider that there are some positive considerations from this draft, as follows:

• This was due since 2020; therefore, it is a good sign that they are moving forward.
• Although there is not an express language including use patents, the wording is more positive than the current linkage regulation to include use claims, by IMPI or through litigation.
• It clarifies the information to be included in both formats by each authority.

The negative aspect is that we consider that still there are no rules for an appropriate notice to the title holder. From the draft, it seems that neither the notice nor a described process. Additionally, it seems that it will take place before COFEPRIS and not IMPI, which in our view is not the best venue for a notice to be heard by the patent holder.

Definitively, at least in this publication, apparently no compliance with the USMCA of a proper notice is expressly considered.

As the above-mentioned document is a draft, it is open to comments for the issuance of a final version. Olivares will continue reviewing it and shall provide the corresponding comments.

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