Amendments To Diverse Provisions of The Federal Law for the Protection of Industrial Property

Dear AIPPI Colleagues and Friends,

Please be informed that on 3 April 2026, the Mexican government published on the Official Gazette, the amendments to diverse provisions of the Federal Law for the Protection of Industrial Property. The new law will enter into force on 6 April 2026.

These amendments are aimed at strengthening the innovation and technology transfer system, simplifying administrative procedures, and enhancing compliance instruments for the benefit of productive sectors and holders of industrial property rights.

These regulatory adjustments modernize the legal framework applicable to industrial property protection. Please find as follows the most relevant items:

Patents

• Entitlement proceeding of a patent granted to a person not entitled thereto.
• Restoration of priority rights may be requested within two months following the expiration of the applicable term.
•  If the Spanish translation of the priority document and the corresponding payment are not submitted, the authority may, upon expiration of the three-month period from the filing date, request the submission of the relevant documentation within five business days.
• Provisional application. The concept of a provisional patent application is introduced. A period of 12 months is granted to file a complete patent application by meeting all the formal requirements. A provisional application shall neither be published nor examined and shall not confer priority rights related to another application or the benefit of an earlier filing date before the Institute.
• Early publication of patent applications prior to the 18-month term, once the formal examination has been approved.
• Applications rejected, abandoned, withdrawn, or discontinued during the formal examination stage shall not be subject to publication.
• The term for the Authority to decide on the grant or refusal of patents, utility models, and industrial designs signs shall not exceed one year from the initiation of substantive examination.
• Petition for reinstatement of rights may be filed within fifteen business days from the business day following the expiration of the missed deadline.
• Issuance of a supplementary certificate for patents due to unjustified delays in issuing the marketing authorization. The supplementary certificate may not exceed five years.

Industrial Designs

The Institute shall resolve the renewal of an industrial design registration within a maximum period of two months.

Trademarks

• New kinds of non-traditional trademarks are incorporated, including position marks, motion marks, and multimedia marks.
• The resolution period for trademark applications shall be five months, provided that no opposition or office actions are issued.
• Renewals shall be resolved within a maximum period of three months.
• License and franchise recordals shall be resolved within a period of two months.
• There is an obligation to record changes in the name or legal status of the holder for such changes to have effect against third parties.
• The term to file oppositions in respect of appellations of origin and geographical indications is reduced to one month.
• The authority must issue a decision on the recognition of protection of appellations of origin or geographical indications within five months following the close of pleadings.
• The registration of distinctive signs that reproduce or are associated with elements of cultural heritage and traditional expressions is prohibited.

Titles of periodical publications, characters (fictional or portrayed), stage names, and group names shall not be registrable as trademarks, unless the application is filed by the holder of the corresponding rights.

Infringements

• The use of distinctive signs that create a false association of official sponsorship with large-scale public or private events (ambush marketing) is established as an infringement.
• Infringements committed using artificial intelligence shall be subject to sanctions.

Common Provisions

• With respect to legal representation, the authority may request additional documentation when there are doubts regarding the powers of the person granting the power of attorney.
• A Specialized Technical Committee is created, being responsible for substantiating proceedings for the issuance of binding resolutions in cases where patents or registrations are not resolved within the statutory timeframes.

The modernization of our current legislation will foster innovation and strengthen the protection of Intellectual Property in Mexico.