In a coordinated effort to incentivize the Generic drug industry in Mexico, the Mexican Patent office (MXPTO) alongside the Health authorities (COFEPRIS) have made available starting on November 13, 2020, three new tools which may be consulted in the MXPTO website:
- A. The list of patents that will expire in the next 10 years
- B. A database for searching patents associated with allopathic drugs, that can be consulted by means of the Generic drug name or the INN (International non-proprietary name), chemical name or Patent number.
- C. Responses provided by the MXPTO to COFEPRIS regarding Patents related to medicaments.
The above is in accordance with the implementations in the Federal Law for the Protection of Industrial Property (LFPPI) regarding Pharma inventions, which are directed to:
- 1. Make the so-called linkage-system more specific and defined (by means of C)
- 2. Bolar clause implementation in the Mexican system regarding the possibility that any third party interested in manufacturing generic drugs could carry out the corresponding tests before the expiration of the Patent (by means of A and B)
We predict that this incentivizing of the Generic market will be positive in making available generic drugs to the Mexican market once the patent has expired and will also provide transparency to Patent owners regarding the consultations which any third parties could undertake on patented drugs.
We are at your service should you have any questions.