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

Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
Gift this article