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

Cookies Settings

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

Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
Gift this article