New Regulations to the Federal Law for the Protection of Industrial Property in Mexico

Dear AIPPI Colleagues and Friends,

We would like to inform you that on 28 April 2026, the new Regulations to the Federal Law for the Protection of Industrial Property were published in the Official Gazette of the Federation, which will enter into force on 22 July 2026.

This regulation clearly and precisely establishes the applicable procedures, deadlines, and requirements in IP, detailing and operationalizing the provisions set forth in the Federal Law for the Protection of Industrial Property since its enactment six years ago, as well as several amendments. Likewise, it strengthens legal certainty and facilitates the operation of the industrial property system for the benefit of innovators, entrepreneurs, and companies throughout Mexico.

The Regulations introduce and clarify several key aspects:

GENERAL PROVISIONS

(i) the possibility of processing procedures electronically. The new Regulations expand and formalize this provision in line with the digitalization of procedures.

(ii) the incorporation of maximum timeframes for IMPI actions at different stages of proceedings, and

iii) the strengthening of legal representation requirements in diverse IMPI procedures and proceedings.

PATENTS

• Priority. The requirements that applicants must submit when requesting restoration of priority rights are established.
• • State of the Art. It is established that pending patent applications, utility model registrations, and industrial designs shall be included within the State of the Art. Patent applications, utility models, and industrial designs that have been abandoned, rejected, or withdrawn and that have not been published shall not be considered part of the State of the Art.
• Divisional applications. If IMPI requires a division of an application and the applicant fails to comply within the applicable term, the right to subsequently file a voluntary divisional application is lost.
• Provisional applications. The subject matter claimed in the non-provisional application must be supported by the provisional application; any additional matter shall not benefit from the provisional filing date.
• Deposit of Biological material. The certificate of deposit must indicate the depository institution and the assigned accession number.
• Genetic resources and traditional knowledge. Disclosure of the country of origin and source of genetic resources is required, as well as the identity of the peoples or communities that contributed traditional knowledge.
• Waiver, supplementary certificates, and deadlines. The waiver of rights and compensatory certificates for regulatory delays (up to 5 years, in compliance with the USMCA) are regulated, and rules for calculating deadlines are updated.
• Public utility licenses. The licensee must begin exploitation within the term established by IMPI, which may not exceed one year from the grant date.
• Patents linked to allopathic medicines. The term of the patent, the correspondence with the generic denomination of the active ingredient, and its identification nomenclature in the patent must be specified.

TRADEMARKS

• Trademark representation. It must be submitted according to the specific nature and characteristics of the sign in question.
• Cultural heritage. If the trademark relates to elements of cultural heritage, authorization issued by the corresponding community general assembly must be submitted.
• Acquired distinctiveness. Requirements are established to prove that a trademark has acquired secondary meaning in the national territory, as well as the exceptions for its applicability.
• Consent and coexistence agreements. Specific rules are incorporated regulating the business origin, the limitation of goods or services, and the delimitation of the commercial sector in these instruments.
• Imported products. The requirements to prove the legitimacy of imported products linked to a trademark are clarified.
• Well-known and famous trademarks. Additional elements and requirements that market studies must contain to support their recognition are incorporated.
• Ex officio correction. When the authority identifies errors or omissions in the trademark representation, it may correct them ex officio for the benefit of the applicant.
• Classification of goods and services. The authority may require the elimination or substitution of indications that do not correctly identify the goods or services according to the current classification.
• Effective use of the trademark. The criteria for determining when a trademark is considered effectively in use are redefined.
• Franchises. The obligation to provide technical, economic, and financial information within franchise relationships is established.

APPELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

• General regulation. The applicable framework regarding protection, validity, and grounds for termination of effects is strengthened.
• Common or generic elements. Criteria are incorporated to determine when an element is considered common or generic, with the obligation for IMPI to publish them in the Gazette.
• Homonymy. The possibility of coexistence between appellations of origin and geographical indications in cases of homonymy is recognized.
• Procedural requirements. New requirements applicable to applications, authorizations for use, renewals, and agreements related to these figures are added.
• Suspension and grounds. The figure of suspension is formalized, and new grounds are added within the corresponding proceedings.
• Evidentiary value and deadlines. Evidentiary value is granted to evidence directly collected by IMPI, and deadlines for remedying oppositions are clarified.
• Certifying legal entity. Aspects related to the interested third party responsible for carrying out protection, enforcement, and compliance actions regarding the rules of use are regulated.

ONLINE ADMINISTRATIVE DECLARATION PROCEEDINGS (CONTENTIOUS)

• Electronic means. The possibility of processing infringement proceedings before IMPI electronically is incorporated, while maintaining physical filing as an alternative.
• Electronic file. Its integration and operation are regulated, including the chronological organization of procedural actions.
• Advanced electronic signature. Its use will be mandatory to access and carry out actions in the Institute’s electronic services.
• Electronic notifications. Specific rules regulating their implementation and legal effects are incorporated.
• Validity of resolutions. Resolutions issued within the electronic file shall have the same validity and legal effects as those notified physically.

INFRINGEMENTS

• Virtual establishments. They are expressly recognized as grounds for infringement, updating the legal framework to the reality of digital commerce.
• Inspection visits. Operational aspects are regulated, including accepted means of payment, required material support, and applicable procedural formalities.
• Provisional measures and seizure. Rules and requirements for their adoption are developed, providing greater legal certainty to the proceedings.
• Blocking of virtual means. IMPI is empowered to block platforms or virtual means when it is not possible to notify the alleged infringer.
• Counterbond. Parameters are incorporated to determine its amount, although IMPI retains discretionary powers to set it according to the circumstances of the specific case.
• Lifting of seizure. The grounds allowing it are expanded, and a 10-day term is established for the disposition of seized goods.
• Destruction of goods. At the request of a party, the Institute may order the destruction of seized goods.
• Extension of the term for technical opinions. IMPI is empowered to request that the Public Prosecutor’s Office extend the term for issuing the technical opinion when the information provided is insufficient.

ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

• Incorporation into proceedings. The Regulations introduce alternative dispute resolution mechanisms within infringement proceedings before IMPI.
• Conciliation. The Institute may promote conciliatory solutions and appoint facilitators at any stage prior to the issuance of the final resolution.
• Limits. Agreements shall only proceed when they do not affect third-party rights or public policy provisions.
• Legal effects. Agreements executed may have binding effects and the nature of administrative res judicata, providing certainty and finality to what has been agreed upon.
• Practical relevance. This mechanism offers an institutional avenue to conclude disputes without exhausting the substantive proceedings, reducing time and costs for the parties.
• Transitional regime. Pending matters shall continue to be governed by the provisions in force at the time of their filing, although they may adhere to the new rules regarding alternative mechanisms when applicable.

The publication of the long-awaited Regulations to the Federal Law for the Protection of Industrial Property represents an important progression for the industrial property system in Mexico, as it clarifies several aspects that remained pending and provides greater legal certainty in the application of the Law. Likewise, these reforms strengthen and modernize proceedings before the authority, contributing to more efficient protection of Industrial Property Rights.