Dear clients and friends,
On March 10th, 2026, the Senate approved a proposed amendment to the Federal Law for the Protection of Industrial Property ("LFPPI" for its spanish acronym), aimed at modernizing Mexico's industrial property system, optimizing proceedings before the IMPI, and strengthening technological innovation.
Below, we present the most relevant aspects of this amendment and its practical impact for businesses, inventors, and industrial property rights holders.
1.Maximum timeframes for IMPI proceedings
One of the most significant changes is the introduction of maximum timeframes for the IMPI to issue final decisions, seeking to prevent excessive delays and provide greater legal certainty for applicants.
The established maximum timeframes include:
Trademark or trade name registration application: 5 months
Trademark renewal: 3 months
Patent application: 4 years
Industrial design registration: 2 years
Trademark license recordal: 2 months
2.Introduction of a “Deemed Approval” Mechanism
The amendment proposes introducing a deemed approval mechanism (affirmative administrative silence) in industrial property matters, which constitutes a significant innovation in this field.
In general terms, if the IMPI fails to resolve an application within the established timeframe, an additional non-extendable period of 15 days will be granted to issue and notify the decision. Should no resolution be issued, "favorable administrative silence" would apply, meaning the application would be deemed approved.
This measure aims to ensure greater efficiency in administrative procedures and prevent unjustified delays in proceedings before the authority.
3.Regulation of Artificial Intelligence
The amendment also introduces specific provisions regarding the use of artificial intelligence (AI) in the industrial property field.
It establishes that the use of AI to commit industrial property infringements may be subject to sanctions, seeking to prevent practices such as the generation of misleading content, unauthorized replication of trademarks, and misappropriation of designs or trade secrets through automated systems.
Through these measures, the amendment aims to ensure that technological development advances responsibly while respecting intellectual property rights.
4.Innovation and Technology Transfer
The amendment further seeks to strengthen the IMPI's role in promoting innovation.
Among the proposed measures are:
Supporting activities such as competitions, exhibitions, awards, and other incentives to foster the creation of innovative technologies.
Promoting technology transfer among universities, businesses, and the public sector.
Providing guidance on the valuation and commercialization of intangible assets, such as patents and trademarks.
These measures aim to encourage the development of technological solutions and strengthen Mexico’s innovation ecosystem.
5.Prohibitions on Trademark Registration
Among the relevant proposed changes is a provision establishing that signs that imitate or reproduce elements of the cultural heritage of Indigenous peoples or Afro-Mexican communities may not be registered as trademarks, in order to prevent their misappropriation.
This measure aims to protect traditional cultural expressions and traditional knowledge from unauthorized commercial use.
6.Legislative Progress
The legislative process will proceed through the following stages:
Review and vote in the Chamber of Deputies.
Publication in the Official Federal Gazette (Diario Oficial de la Federación) and entry into force.
Conclusion
This amendment seeks to modernize Mexico’s industrial property system by introducing mechanisms aimed at streamlining procedures and strengthening legal certainty for applicants.
At Ramos, Ripoll & Schuster®, we will closely monitor the legislative process and its practical implications for businesses, inventors, and industrial property rights holders.
Practice Area:
Intellectual Property
Authors:
Edmundo Elías
eelias@rrs.com.mx
Alejandro Ripoll
aripoll@rrs.com.mx
Juan Rafael Amador-Espinosa
ramador@rrs.com.mx
Daniela Márquez Ledezma
dmarquez@rrs.com.mx
Sofía Castañeda García
scastaneda@rrs.com.mx
Andrea Naomi Ramos Macías
nramos@rrs.com.mx