Key points of the reform to the Federal Law for the Protection of Industrial Property — What should you know?

On April 3, 2026, the Decree reforming and amending the Federal Law for the Protection of Industrial Property was published in the Official Gazette of the Federation (DOF). The reform aims to streamline procedures, promote technology transfer, and incorporate inclusive language; however, among its shortcomings is that it did not strengthen key points necessary to make claims for damages enforceable.

• Inclusive language throughout the entire regulatory framework
• Provisional patent application enabled.

• 1 year: patents, utility models, and industrial designs
• 2 months: layout designs.
• 5 months: registration of distinctive signs.
• 5 months: resolution of oppositions regarding appellations of origin / geographical indications.
• 2 months: authorization for the use of appellations of origin and geographical indications.
• Procedure for issuing a mandatory resolution due to administrative silence; creation of the Specialized Technical Committee to resolve it.
• Restoration of the priority date (patents and industrial designs) and reinstatement of rights related to the patent application.
• Recognition of claims of ownership over patents, utility models, and industrial designs.
• Supplementary protection certificates for unjustified delays in marketing authorizations.
• New obstacles to trademark registration: registrations will not be granted when the sign is identical or similar to titles of periodical publications, fictional/symbolic characters or characterized human figures, stage names, names of artistic groups, or elements of the cultural heritage of Indigenous or Afro-Mexican peoples.
• Inclusion of new non-traditional trademarks: position, motion, and multimedia marks (taste marks were not included).
• Legal distinction between formal examination and substantive examination in the registration of distinctive signs.
• Mandatory registration of changes to the name or corporate name of the holder of a registration.
• Consideration of ambush marketing as unfair competition.
• Sanctioning of infringing conduct, even when committed through Artificial Intelligence.
• Authority granted to the IMPI to regulate the filing and resolution of administrative procedures through electronic means.
• New powers of the IMPI: legal advisory services in technology transfer agreements; cooperation with the Ministry of Science, Humanities, Technology and Innovation; promotion of compliance systems in Intellectual Property (IP).
• The Ministry of Science, Humanities, Technology and Innovation is incorporated into the Governing Board of the IMPI.
• Entry into force: the day following its publication.

• Greater legal certainty and maximum timeframes for procedures before the IMPI; possibility of resolving cases through administrative silence.
• New tools to protect inventions and obtain compensation for regulatory delays.
• Expansion of registrable trademark types and greater limitations due to cultural protection and third-party rights.
• Additional administrative obligations (changes of corporate name, electronic filing).
• Special attention to ownership and the use of Artificial Intelligence in processes and infringing conduct.

If your company, project, or industrial property portfolio may be affected by these changes (patents, trademarks, designs, appellations of origin, or technology transfer agreements), schedule an appointment. We can help you review pending applications, assess risks, and update internal compliance policies.