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

Cookies Settings

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

After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Gift this article