Mexican Senator proposes limiting pharma patent terms
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SK Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
The former head of life sciences at Kramer Levin has joined Orrick, a firm that hopes to grow in the sector
Lionel Martin of August Debouzy and Kristof Neefs at Inteo share how they prevailed in a UPC Court of Appeal case surrounding access to documents
Counsel say ‘strange’ results have increased their reliance on subscription-based search platforms, but costs are not being shifted onto clients yet
The firm was among multiple winners at a record-breaking 2024 ceremony held in London on April 11
Gift this article