Amendments to the Federal Law for the Protection of Industrial Property, Mexico strengthens its industrial Property System

I. Background and purpose of the Amendment

The reform introduces relevant modifications to the LFPPI with the objective of:

• Modernising the industrial property system in Mexico
• Streamlining procedures before the IMPI
• Aligning the legal framework with international standards (USMCA)
• Strengthening the protection and enforcement of rights

II. Main regulatory changes

1. Strengthening of IMPI's powers; the reform expands, strengthens, and modernises the role of said Institute:

• It may require proof of legal standing where there is reasonable doubt (Art27)
• The Specialised Technical Committee is created (Art. 327 Bis), which has 30 days to be constituted from the entry into force of the Decree to:
• Monitor deadlines. If the IMPI does not resolve within the established timeframes, the applicant may appeal to the Specialised Technical Committee to obtain a resolution.
• It is established that the Specialised Technical Committee may require the public official to issue a resolution within 10 business days.

2. Innovations in patent matters

a) Provisional patent application

• It introduces a legal figure previously non-existent in Mexico 
• It allows for an early priority date with minimum requirements (12 months)

b) Claims of ownership

A procedure is created for a third party to:

• Claim to be the inventor or owner
• Obtain the reissuance of the patent title

c) Restoration of priority right

• Possibility to recover international priority if...
  • Requested within 2 months following expiration

d) Reduction of timeframes

• Substantive examination: maximum of 1 year to resolve

3. Procedural simplification

• Limitation of official actions in patent examination
• Faster and more digitised procedures
• Reduced administrative burden

4. New figures and expansion of protection

• Inclusion of provisional patents
• Recognition of new technological dynamics
• Penalties are established for those infringements committed through Artificial Intelligence
• It incorporates “ambush marketing” as a ground for administrative infringement, as it constitutes a form of undue advantage taken from the notoriety, prestige, or commercial value of events, trademarks, or distinctive signs without authorisation.

III. Practical implications

1. For companies and investors

• Greater legal certainty in IP registrations
• Faster processes → reduction of opportunity costs
• Need to:
  • Review protection strategies
  • Adapt IP portfolios

2. For innovation and technology

• It encourages:
  • Startups
  • Technology transfer
• It facilitates early protection (provisional patents)

3. For litigation and compliance

• Increase in:
  • Risk of sanctions
  • Oversight by the IMPI
• Need for:
  • Preventive strategies
  • Industrial property audits

Through this amendment, the IMPI seeks to transform the industrial property system in Mexico into a more agile, efficient and internationally aligned model, strengthening its role as a regulatory authority rather than merely a registry authority, in order to provide greater legal certainty, foster innovation and attract investment, while reinforcing protection mechanisms; therefore, we consider it important to promote the new provisions and anticipate the structural changes.

We remain at your entire disposal to analyse the particular impact of these amendments on your corporate structure.