Mexican Patent Gazette Issues Major Update on Allopathic Medicines

On October 30, 2023, an extraordinary edition of the Mexican Patent Linkage System’s Gazette was published, focusing on patents related to allopathic medicines. This edition includes significant developments regarding patents that contain the so-called use claims, marking a notable advancement for the pharmaceutical sector in Mexico.

The release of this publication is a crucial achievement, reflecting the persistent efforts of the innovative pharmaceutical industry. Various associations and stakeholders have actively pursued legal actions to address challenges related to the exclusion and lack of observance of these types of use claims. This concerted effort underscores a commitment to enhancing patent protections within the industry.

Recognition of Government Efforts

This update is not only a win for the pharmaceutical sector but also serves as a recognition of the Mexican government’s role, particularly the Mexican Institute of Industrial Property (IMPI). By adhering to international frameworks that emphasize broad protection of industrial property rights, the government aligns with various international agreements and commitments. This alignment is essential for fostering innovation and ensuring that the rights of patent holders are respected.

As the situation evolves, OLIVARES, a leading law firm in intellectual property matters, is closely reviewing the implications of this publication. The firm aims to provide ongoing analysis regarding the development and operation of the patent linkage system, ensuring stakeholders remain informed about any significant changes or advancements.

The publication of this extraordinary edition of the Gazette represents a pivotal moment for the pharmaceutical industry in Mexico. By reinforcing the importance of use claims in allopathic medicines, it lays a foundation for future growth and innovation in the sector. As the landscape continues to shift, industry participants and observers will be eager to see how these developments will influence the broader patent system and the protection of intellectual property rights in the country.

In summary, the publication from the Mexican Patent Linkage System is a significant step forward for both the innovative pharmaceutical industry and the government’s commitment to upholding international standards in intellectual property rights. As the analysis continues, further updates will be provided to keep all stakeholders informed on this critical issue.