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, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Gift this article