Mexico: New evaluation option for new compositions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Mexico: New evaluation option for new compositions

In February 2017, new guidelines were published by the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) that should be followed by medicaments or drugs considered as new molecules before the new molecules committee for evaluation, including the non-person modalities.

Such guidelines define if a drug or medicine should be evaluated under the person modalities or non-person modalities, according to the current law and the risk, complexity or nature of the product.

It is worth mentioning that the committee of new molecules for evaluation define that a new molecule is a natural or synthetic substance that is an active drug in a medicine, not previously used in Mexico, wherein the safety, effectiveness and therapeutic uses are not completely documented in the scientific bibliography.

On the other hand, consider that the previous practice to evaluate a medicine was under person modalities, wherein the applicant for a drug or medicine together with his committee appear before the New Molecules Committee presenting the information to support the quality, safety and effectiveness of product.

With the non-person modalities, the applicant should prove to COFEPRIS the information to support the quality, safety and effectiveness of a product to be evaluated without appearing before the Committee of New Molecules.

The considerations that the applicant should take into account about the characteristics of the product are:

a) first marketing authorisation in the world;

b) new marketing authorisation in Mexico (product authorised by other country);

c) new combination with a fixed dose; and

d) therapeutic indication (including: bordering of therapeutic indication, changes in the treatment line).

If the product was evaluated by some international sanitary agency with which COFEPRIS has an agreement, the applicant should consider the option of non-present modalities. Some such agencies are the Food and Drug Administration of USA (FDA), Health Canada, European Medicines Agency (EMA), Therapeutic Goods Administration (TGA) and the Swiss Agency for Therapeutic Products (Swissmedic).

Agustin Azcatl

Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
Gift this article