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ARTICLE · 21 AUGUST 2017

Pharmaceutical IP And Competition Law In Mexico: Overview

Olivares
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What are the legal conditions to obtain a patent and which legislation applies? Which products, substances and processes can be protected by patents and what types cannot be patent protected?

MexicoIntellectual Property
Alejandro Luna
Alejandro Luna
Armando Arenas
Armando Arenas
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Co-authored by Karla Olvera

PATENTS

1. What are the legal conditions to obtain a patent and which legislation applies? Which products, substances and processes can be protected by patents and what types cannot be patent protected?

Conditions and legislation

Patent applications are regulated by the Industrial Property Law and its regulations. Patentable inventions must (Article 16, Industrial Property Law):

  • Be novel.
  • Result from an inventive step.
  • Be industrially applicable.

Scope of protection

Products and processes can be the subject of patent protection under the Industrial Property Law. The IMPI grants patents protecting compounds, formulations, uses and manufacturing processes for medicines.

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