April 9, 2026
On March 30, 2026, during an event led by the heads of the Ministry of Economy (Secretaría de Economía) and the Ministry of Health (Secretaría de Salud), as well as the Commissioner of the Federal Commission for Protection against Sanitary Risks (COFEPRIS) (Comisión Federal para la Protección contra Riesgos Sanitarios) and the General Director of the Mexican Institute of Industrial Property (IMPI) (Instituto Mexicano de la Propiedad Industrial), the creation of a new electronic platform called “IMPI-COFEPRIS Linkage” was announced.
The purpose of this platform is to facilitate access, consultation and verification of information related to the linkage system between patents and marketing authorizations, as regulated in the law and cooperation agreements. The tool, which is already available for public consultation, allows searches of various categories, including: patents close to expiration, marketing authorizations, applications, third-party oppositions, patents which are now in the public domain, the patent linkage gazette, IMPI-COFEPRIS response letters during linkage process, and other official forms relevant for linkage.
Currently, the platform has the following relevant information: a list of 16,059 patents that will expire within the next three years; a record of 98 third-party oppositions filed since 2023; a compilation of applications for generic and biosimilar products from 2013 to 2026; as well as 2,896 responses issued within the framework of the IMPI-COFEPRIS linkage system, covering the period from November 2013 to March 27, 2026.
The availability of this information represents a significant step forward in providing certainty to the members of the pharmaceutical industry, by offering a consolidated and clear view of patents and products that are effectively protected, as well as those applications that are pending to be resolved. It should be noted that this platform was created in response to the uncertainty that previously existed, stemming from the difficulty in accessing complete and timely information.
If properly operated and continue to be updated, with easy access and search tools, this platform will represent a significant step forward in the effective protection of the industrial property rights of marketing authorization holders, as well as in providing legal certainty for third parties seeking to obtain an associated authorization. However, it will be important for the platform to have perifocal maintenance and evolution, and to address specific issues such as including patent extensions and to have all marketing authorization granted and patents related to a product.
At Basham, we will continue to closely monitor the development of this platform, in order to provide our clients with the best advice to protect their rights.
Sincerely,
Claudio Ulloa
culloa@basham.com.mx
Mariana González
mgonzalezv@basham.com.mx
Carlos Fuentes
fuentes@basham.com.mx
Jose Eduardo Peña
jepena@basham.com.mx