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

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

Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
Gift this article