Mexico: New Health Law Proposal Would Limit Mexican Patent Linkage System

Mexico’s Senate recently published in its official Gazette a proposal to modify the Mexican Health Law, seeking to reduce the scope of the linkage system with respect to certain pharmaceutical patents.

This proposal includes several changes to the linkage system which affects applicants and patent owners of exclusive rights for formulation patents given the system will allow for just one patent for each active ingredient included in medications registered before the Mexican Regulatory Agency (COFEPRIS), in addition to the fact that biological patents will not be taken into consideration.

Additionally, these modifications seek to make standard procedures of obtaining or renewing health registrations for medications and reducing costs and administrative burdens of the current linkage system.