Mexico Finalizes Patent Practice Regulations Under Revised Industrial Property Law

The Mexican government has issued the long-anticipated implementing Regulations to the Federal Law for the Protection of Industrial Property (FLPIP), publishing them in the Official Gazette on April 28, 2026. These Regulations are scheduled to enter into force on July 23, 2026, which is the 60th business day following their publication date.

According to the transitional provisions, any matters pending at the time the Regulations take effect will continue to be processed and resolved under the legal framework that was in force at the time of filing. This ensures continuity for applicants with ongoing proceedings.

The new Regulations are designed to complement recent amendments to the FLPIP, providing further detail on the operation of several mechanisms introduced by those reforms. Several provisions specifically impact patent practice in Mexico, clarifying procedures and requirements for applicants.

One key clarification concerns the recognition of priority rights. If an applicant fails to submit the official fee for the recognition of priority rights, the Mexican Institute of Industrial Property (IMPI) may issue a requirement granting a non-extendable term of five business days to submit the fee. If the applicant does not comply within this period, the priority right will be deemed as not claimed.

Regarding provisional patent applications, the Regulations confirm that these must be accompanied by proof of payment of the corresponding official fee, which IMPI has not yet published. The content of the provisional application will be included in the publication of the corresponding complete (non-provisional) application. The Regulations further reinforce that the subject matter claimed in the complete application must be supported by the content of the provisional filing. The sufficiency of this support will be determined during substantive examination, and any additional matter will not benefit from the provisional filing date.

The Regulations introduce an important clarification regarding the 12-month grace period for disclosures made before the filing of the application or, if applicable, before the recognized priority date. While previous provisions required applicants to indicate details of any prior disclosure at the time of filing, the new Regulations now allow applicants to remedy such omissions during substantive examination. This applies when IMPI cites a disclosure as prior art and the applicant demonstrates that the disclosure falls within the grace period established under the law.

For divisional applications, the Regulations confirm that when IMPI requires the division of an application due to lack of unity of invention, the corresponding divisional applications must be filed within the term for responding to the office action in which the requirement is made. If the applicant fails to file the required divisional applications within this term, the subject matter identified for division will be deemed as not claimed and may not be subsequently pursued through voluntary divisional applications.

In connection with the reinstatement of rights for missed deadlines, the Regulations establish that if a reinstatement request does not comply with the applicable requirements, IMPI may issue a single requirement granting a non-extendable term of five business days to correct the omission. Failure to comply within this period will result in the request being dismissed.

The Regulations also clarify certain circumstances that will not be considered as delays attributable to IMPI for the purposes of the one-year timeframe to issue a final decision once substantive examination has begun. These circumstances include, among others, applicant-requested extensions and situations beyond the control of the Office.

Overall, the newly published Regulations provide additional clarity on the operation of mechanisms introduced by the recent reform to the FLPIP, while also confirming certain practices already followed by IMPI. The detailed rules are expected to bring greater certainty and predictability to patent prosecution in Mexico.