Mexico: Which pharmaceutical-related claims are allowable?

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

Cookies Settings

Mexico: Which pharmaceutical-related claims are allowable?

According to the Mexican Industrial Property Law (IPL) the following types of pharmaceutical-related claims are exceptions to patentability:

  • biological and genetic material as found in nature;

  • the human body and the living matter constituting it.

and the following shall not considered as inventions:

  • forms of presentation of information;

  • methods of surgical or therapeutic treatment or diagnosis applicable to the human body, and those relating to animals; and

  • the juxtaposition of known inventions or mixtures of known products, their variation of use, form, unless they actually are combined or merged to obtain an industrial result or a non-evident use to a person versed in the subject matter.

Furthermore, the Mexican practice also objects to product-by-process (in most cases) and omnibus claims.

According to IMPI's Patent Gazette, the following subject matters have been granted:

  • pharmaceutical product claims;

  • formulations and compositions claims;

  • pharmaceutical combination claims;

  • dosage claims;

  • salt claims;

  • polymorph claims; and

  • pharmaceutical use claims (Swiss-type claims and EPC2000 format).

Nevertheless, all the above types of claims usually face objections involving lack of novelty and inventive step. These objections are usually overcome by drafting the claim in terms of its technical features, and not based on its function or result and supporting it with the examples and proofs including in the description.

At present, dosage and polymorph claims are not well accepted based on the argument that they do not involve an inventive step and thus it is necessary to point out in a clear and concise manner in the description the unexpected effect of said dosage or polymorph, which must be duly supported by examples and comparative examples.

Herrera_Pedro

Pedro Herrera


OlivaresPedro Luis Ogazón No 17Col San Angel01000 México DFTel: +5255 53 22 30 00Fax: +5255 53 22 30 01olivlaw@olivares.com.mxwww.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article