Intellectual property in Mexico 

In Mexico, life science inventions—including pharmaceuticals, biotechnology, and medical devices—are generally patentable if they meet the criteria of novelty, inventive step, and industrial applicability. However, certain exclusions apply, such as plant varieties and 'essentially biological' processes for obtaining them, which are not patentable in line with international treaties like the TRIPS Agreement.

The patent application process in Mexico typically takes four to six years, depending on the field of technology. Applications must include a detailed description of the invention, enabling a person skilled in the art to reproduce it.

Mexico has implemented a patent linkage system, introduced in 2003, which connects the patent status of pharmaceutical products with the regulatory approval process for generic drugs. This system aims to prevent the marketing of generic versions of patented drugs before the expiration of patent rights.

In terms of enforcement, patent holders can initiate infringement actions through administrative proceedings before the Mexican Institute of Industrial Property (IMPI). If the IMPI's decision is unfavorable, it can be appealed to specialized IP courts. Additionally, civil courts are now empowered to handle patent infringement cases, allowing for direct claims for damages without the need for a prior declaration of infringement from the IMPI.

Recent developments, such as the United States–Mexico–Canada Agreement (USMCA), have influenced intellectual property laws in Mexico. The USMCA extends the data exclusivity period for new pharmaceutical products, including biologics, to at least five years, impacting the protection and commercialization of life science inventions.