November 7, 2025
On October 30, 2025, the Mexican Institute of Industrial Property (IMPI) published a new issue of its Industrial Property Gazette titled “In-force patents that may be used in allopathic medicines, Article 162 of the Federal Law for the Protection of Industrial Property (LFPPI)”, commonly referred to in English as the Medicines Gazette or Linkage Gazette.
This publication is atypical, as IMPI has historically issued this Gazette only twice a year— in February and August—and in the intervening months publishes only addendums with specific inclusions.
But what makes this edition particularly noteworthy is that, for the first time, IMPI included pharmaceutical patents protecting new therapeutic uses (so-called second-use patents). These patents had previously been excluded, despite longstanding arguments from practitioners that their inclusion is essential to provide greater legal certainty for Mexico’s pharmaceutical industry.
For over two decades, IMPI had maintained a restrictive stance, even after multiple amparo rulings ordering the inclusion of second-use patents since the linkage system was established in 2003. It now appears that, following pressure from the United States under the United States–Mexico–Canada Agreement (USMCA) review process, IMPI has decided to incorporate these patents into the Pharmaceutical Patent Gazette. Notably, many of the patents now included had previously been listed in a separate publication known as the “Gazette of Rejected Patents,” formally titled In-force patents that do not comply with Article 162 LFPPI, which identified those excluded from the linkage system.
From a practical standpoint, this is a positive development. While the Gazette itself does not confer additional legal rights on the patents it lists, its expanded scope improves transparency and legal certainty for all stakeholders seeking to understand the patent landscape of pharmaceutical products in regulatory processes in Mexico.
This latest publication also reflects an evolution of Mexico’s linkage system, demonstrating that IMPI is capable of responding to both domestic and international regulatory and commercial requirements and considerations. The inclusion of second-use patents may signal a shift in IMPI’s approach to patent listings in the Gazette, potentially setting a precedent for future editions and indicating a more flexible and adaptive practice in managing pharmaceutical patent information.
The patent team remain at your disposal for any questions or comments regarding this communication.
Sincerely,
Claudio Ulloa
Mariana Gonzalez
Carlos Fuentes