MEXICO
April 24, 2026
On April 3rd, 2026, the amendment to the Federal Law on the Protection of Industrial Property (LFPPI) was published, introducing significant changes to the prosecution times for patent, utility model, and design applications in Mexico.
By the addition of Article 111 Bis to the LFPPI, the Mexican Institute of Intellectual Property (IMPI) establishes a maximum period of one year (from the start of the substantive examination) for the final decision on the grant/refusal of patent, utility model, and design applications.
Likewise, a maximum period of two months from the filing date is established for the final decision on integrated circuit layout applications.
The reform took effect on April 6th, 2026, with the provision that applications pending resolution will be prosecuted in accordance with the provisions in force at the time their examination began.
There are high expectations for the IMPI's performance and quality as a result of this new article and the March 11th, 2026, Reform to Article 11 of the Agreement on Response Deadlines before the IMPI (which limits the number of office actions to two during the substantive examination).
Reinstatement of proceedings due to missed deadlines regarding formal requirements, substantive requirements, or payment deadlines
By the addition of Article 113 Bis to the LFPPI, IMPI grants the option to file a “request for reinstatement of rights” before an abandonment is declared due to lack of response to an office action issued during the formalities/substantive examination for patent, utility model, or design applications.
Within 15 business days (from the business day following the missed deadline), said “request” must be filed, along with the corresponding payment and in compliance with the requirements issued in the office action.
This new mechanism extends the previously established maximum period of four months to comply with office actions issued during formal/substantive examination.
Intellectual Property protection in Mexico
Given the recent changes in prosecution timelines and procedures at the IMPI, it is essential to review and adjust your Intellectual Property protection strategies in Mexico.
Our local team can advise you on how to efficiently manage your applications, mitigate the risk of abandonment, and optimize processing times.