Mexican Senator proposes limiting pharma patent terms

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

Mexican Senator proposes limiting pharma patent terms

Senator Martha Palafox Gutierrez of Mexico has introduced a bill that would shorten the life of a pharmaceutical patent by about one year

The goal of the proposed legislation is to “combat social inequality” with respect to access to medicines, which “has polarized society between those who have everything and the majority who suffer segregation and injustice”, said the bill’s introduction. But Alejandro Luna of Olivares & Cia said that the bill is “clearly unconstitutional” and would violate several international treaties. He added that the chances of it passing through Congress are slim.

SEN. MARTHA PALAFOX GUTIÉRREZ

According to new regulations, all legislation proposed in Mexico must be studied and debated before being approved or rejected. Gutierrez’s bill is scheduled for discussion in about two weeks.

Luna said he is not sure that Gutierrez and her supporters are aware the bill would only shorten the life of drug patents by about one year.

Her proposal would make a pharmaceutical patent’s 20-year term start from the filing date of the first international application, rather than the date of filing in Mexico. Both the Paris Convention and Patent Cooperation Treaty allow applicants to claim priority to the earliest filing date of a patent, as long as they file in a member country within 12 months.

Gutierrez’s proposal would deny patent applicants who first file in Mexico and then file abroad the Mexican priority date.

A decision whether to approve or reject the bill should be made by the end of this Congressional session in July. While Luna said the bill is unlikely to go far, his firm and several IP associations plan to provide their input to Congress.

"The chances it will be passed are low, but we have to be careful as there is a new political party in power and we can't be sure," said Luna.

Alissa Rozen helped with translation for this story.

more from across site and SHARED ros bottom lb

More from across our site

Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Gift this article