On August 20, 2025, the Mexican Institute of Industrial Property (IMPI) published the latest edition of the Linkage Gazette introducing a substantial difference, consisting that the Gazette no longer reproduces the most "relevant claims" of the patent but instead provides a link that redirects to the Letters Patent.
This is a relevant change that will impact on the Linkage System, as access to information will be more complex for all the parties involved, namely the Federal Commission for the Protection against Sanitary Risks, IMPI and the users, as it seems that while reviewing the Linkage Gazette, they will have to analyze all granted claims and it could be understood that the authority must now take into consideration all the claims and not only the "relevant" or requested ones.
It is worth mentioning that the Federal Law for the Protection of Industrial Property establishes that IMPI should publish at least twice a year a Gazette, including all patents susceptible of being applied to allopathic medicines and our regulations to our IP law determines that the Gazette should include the term of the patent and the INN. However, it is silent regarding the publication of the specific or relevant claims.
Avoiding the publication of the most relevant claims may provoke criticism, due to the lack of specific information about the publication, as it is known that not all the claims of a patent should be reviewed or observed during the Linkage process, now as mentioned, it will be more complex and time-consuming.
After analyzing this modification, we consider that when requesting the inclusion of a patent within the Linkage Gazette, before IMPI (active ingredient and pharmaceutical compositions patents), or by means of a Constitutional Action in case of non-listed patents, the most relevant claims, should be mentioned.
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