Mexican Senator proposes limiting pharma patent terms

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexican Senator proposes limiting pharma patent terms

Senator Martha Palafox Gutierrez of Mexico has introduced a bill that would shorten the life of a pharmaceutical patent by about one year

The goal of the proposed legislation is to “combat social inequality” with respect to access to medicines, which “has polarized society between those who have everything and the majority who suffer segregation and injustice”, said the bill’s introduction. But Alejandro Luna of Olivares & Cia said that the bill is “clearly unconstitutional” and would violate several international treaties. He added that the chances of it passing through Congress are slim.

SEN. MARTHA PALAFOX GUTIÉRREZ

According to new regulations, all legislation proposed in Mexico must be studied and debated before being approved or rejected. Gutierrez’s bill is scheduled for discussion in about two weeks.

Luna said he is not sure that Gutierrez and her supporters are aware the bill would only shorten the life of drug patents by about one year.

Her proposal would make a pharmaceutical patent’s 20-year term start from the filing date of the first international application, rather than the date of filing in Mexico. Both the Paris Convention and Patent Cooperation Treaty allow applicants to claim priority to the earliest filing date of a patent, as long as they file in a member country within 12 months.

Gutierrez’s proposal would deny patent applicants who first file in Mexico and then file abroad the Mexican priority date.

A decision whether to approve or reject the bill should be made by the end of this Congressional session in July. While Luna said the bill is unlikely to go far, his firm and several IP associations plan to provide their input to Congress.

"The chances it will be passed are low, but we have to be careful as there is a new political party in power and we can't be sure," said Luna.

Alissa Rozen helped with translation for this story.

more from across site and SHARED ros bottom lb

More from across our site

Exclusive data and analysis reveal why clients feel external legal teams aren’t providing business-centric advice
The head of the soft IP team at engineering group Sandvik, winner of the in-house team of the year award, reveals why a flurry of M&A activity led to a busy 2024
Lawyers at Herbert Smith Freehills outline what rights owners should be doing ahead of sweeping changes to EU design law
Deals between five more law firms and President Trump and an antitrust lawsuit against Amgen were also among the top talking points this week
US counsel explain how they win new cleantech IP business and how they’re navigating the industry’s challenges
Leaders at the IP firms, which have joined forces with backing from a PE investor, share their vision of building the number one pan-European IP practice
Firms will steer clients towards other ways of getting quicker examinations, but fear the ramifications of the USPTO’s decision
Melissa Haapala added that returning to client advocacy and the chance to work on patent litigation were reasons for returning to private practice
Michelle Clark, who has a generalist litigation background, plans to focus on IP disputes at Alston & Bird
Philips and Vivo have entered into a licensing agreement, putting an end to a five-year-old telecom SEP dispute in India
Gift this article