On September 15, 2025, a bill to reform the Federal Law for the Protection of Industrial Property (FLPIP) was introduced in Congress. The goal: modernize procedures, boost technology transfer, and respond to challenges such as AI and new market practices. The proposal amends 217 articles, adds 23, and repeals 6—a major overhaul of the current framework.

Needle-moving novelties

  • Provisional patent application. A new “provisional” filing would secure a filing date and grant up to one year to complete the final application—useful to advance technically and financially without losing novelty.
  • Constructive approval and maximum timelines. If IMPI does not decide within the statutory time, a presumption in favor of the applicant would apply. Timelines are set at 4 years for patents, 5 months for trademarks, and 2 months to record licenses. (Powerful tool, though experts warn of risks to legal certainty if rights are granted by silence.)
  • Restoration of priority and reinstatement of rights. Allows “reviving” priority or correcting procedural errors, preventing relevant innovations from being lost due to formalities.
  • Administrative procedure for misappropriation. A streamlined avenue to reclaim ownership of patents, utility models, or designs in cases of usurpation.
  • Shorter opposition period. To speed things up, certain opposition windows would be reduced to one month.

AI, ambush marketing, and new trademarks

  • Sanctions for improper use of AI. The bill typifies conduct where AI systems generate or facilitate IP infringements (e.g., trademark counterfeiting, misappropriation of designs or patents). It does not aim to halt AI; it regulates responsible use through administrative penalties.
  • Ambush marketing. Recognized as an act of unfair competition to leverage high-profile events without official sponsorship to associate a brand and obtain undue advantages.
  • Non-traditional marks. Position, motion, and multimedia marks are added, modernizing the trademark system. New prohibitions are also proposed (e.g., titles of publications, characters, and elements of the cultural heritage of Indigenous and Afro-Mexican peoples and communities).

What it means for companies, universities, and startups?

  • Faster, more flexible patenting pathway (provisional + maximum timelines).
  • More remedies for procedural mistakes (reinstatements) and an administrative path to recover ownership.
  • Closer scrutiny of opportunistic commercial practices (ambush marketing) and careful handling of AI in advertising, development, and technical evidence.
  • Branding strategies with new trademark options, but added impediments (cultural heritage and well-known figures).
  • An expanded IMPI role to promote commercialization of patented technology (not just registration), aligned with a push for technology transfer.

Immediate checklist (practical)

  • Intangibles audit: patents/applications, trademarks (traditional and non-traditional), designs, trade secrets; cross-check ownership and contracts.
  • Prior-art & FTO searches: adjust claims and mitigate risks before using the provisional.
  • AI policy & compliance: set usage limits (training data, content generation, traceability) and preserve evidence.
  • Anti-ambush plan: if you sponsor or activate around events, define licenses, monitoring, and contractual clauses.
  • Deadline calendar: align legal and R&D teams to IMPI’s new timelines.

The 2025 reform sketches a faster, more flexible IP system, updated for AI and evolving market dynamics. To capture its advantages—without sacrificing certainty—prepare robust files, tighten AI compliance processes, and strengthen trademark and tech-transfer strategies.

At Merida IP, we advise you on any intellectual property process related to trademarks, trade names, patents, industrial designs, and more. Contact us and boost your company’s growth today.

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