On April 3, 2026, the decree amending, adding and repealing several provisions of the Federal Law for the Protection of Industrial Property (hereinafter “LFPPI”) was published in the Official Gazette of the Federation.
General Objective
– Modernize and streamline the industrial property system in Mexico.
– Align the LFPPI with international standards and T-MEC commitments.
– Reduce resolution times and provide greater legal certainty.
– Align with digital economy and artificial intelligence.
– Administrative sanctions and incorporation of new figures.
1. Resolution deadlines (Art. 111 Bis)
New maximum terms to resolve proceedings before the Mexican Institute of Industrial Property (“IMPI”):
– 1 year for applications for patents, industrial designs and utility models.
– 5 months for applications for registration of distinctive signs.
– 3 months for applications for renewal of trademark registration.
– 2 months for registration of licenses and/or franchises.
2. Provisional Patent Application (Art. 105 Bis)
The figure of provisional patent application is added, which will allow:
– Protecting early stage developments.
– Gaining priority without slowing down technological improvement processes.
– 12-month grace period to convert it into a definitive application.
– Alignment with Patent Cooperation Treaty (“PCT”) standards.
It is worth mentioning that such application does not generate a right of priority for PCT international applications.
3. Administrative Claim of Ownership (Art. 40 Bis)
An express mechanism is introduced for the claim of ownership of patents, utility models and industrial designs, allowing to claim ownership when it has been granted to someone who was not entitled to obtain it.
4. Ambush Marketing as a sanctioning measure (Art. 386, section II, subsection e)
In view of the 2026 World Cup, the prohibition of practices in mass and sporting events, where brands seek to associate or indirectly benefit from protected events without official sponsorship, is incorporated.
5. Improper use of Artificial Intelligence (Art. 386)
Addition to the chapter on infringements and administrative sanctions. New sanctions are incorporated to the LFPPI, such as the improper use of Artificial Intelligence tools.
This reform increases the obligations of legal, advertising and technological compliance. Introducing management instruments, seeking agility and response time, in order to harmonize the law with international standards in this area.
Ontier is at your disposal to analyze the specific impact of this reform and how it benefits or affects your operations in a particular way.
