Proposed amendment to the Mexican Industrial Property Law.

October 6, 2025

We inform our clients that on September 13, 2025, an initiative to amend the Industrial Property Law was submitted to the Mexican Senate.

The draft reform introduces the following key changes:

General Aspects:

• Establish maximum time limits within which the Mexican Patent and Trademark Office (“IMPI”) must issue a first office action in procedures related to patents, registration, publication, declaration, and registration of industrial creations, as well as distinctive signs.
• Include the “affirmative silence” provision, under which, if IMPI fails to respond and an additional fifteen-day period elapses, the submitted application will be deemed granted.
• Promote the adoption of compliance frameworks in industrial property matters in connection with the upcoming review of the USMCA in 2026.
• Revise the wording of the Law so that it is not discriminatory or does not provide preference to one gender over another.

Inventions:

• Introduce the concept of provisional patent application, which seeks to strengthen the industrial property rights of inventors that request preliminary patent protection in Mexico and aims to be more economically accessible.
• Clarify the rules on publication for patent applications, allowing applicants to request early publication before the current 18-month term established by the law.
• Include the concept of patent term compensation for unreasonable reductions in the effective term of the patent caused by the pharmaceutical marketing authorization process, which shall not exceed more than 5 years.
• Strengthening technology transfer powers so that the benefits of inventions are transferred to society.
• Introduce the restoration of the right of priority and reinstatement of rights in connection with patents, utility models, and industrial designs when the applicant fails to take the necessary steps to secure priority, such as submitting a translation of the international application or paying the corresponding fees.

 Distinctive Signs:

• Recognize new categories of non-traditional trademarks including position marks, multimedia marks, and motion marks.
• Modify additional grounds for refusal of trademark registration, particularly: eliminating copyright “reservas de derechos” as a basis for refusal and prohibiting the registration of cultural heritage belonging to indigenous and Afro-Mexican peoples and communities.
• Regarding designations of origin and geographical indications, it is proposed to reduce the opposition period to one month.

Litigation matters:

•  Implement the online modality for administrative infringement procedures.
• Include the use of artificial intelligence that infringes inventions and distinctive signs as an infringement cause.
• In connection with the FIFA World Cup 2026 and ambush marketing, the draft introduces a new ground for infringement that sanctions these practices and classifies them as acts of unfair competition.

In the next weeks, the draft will be discussed by the Senate. OLIVARES will closely monitor developments and will keep our clients informed regarding the progress of the reform project, while also actively participating in its discussions by being very active in several chambers and associations, highlighting the advantages and disadvantages of the proposed reform in each of the points, which will be discussed in detail in other OLIVARES newsletters and publications.