Considerations for filing and prosecuting gene patents in Mexico


Fernando Rincón

On the basis of scientific breakthroughs in the past 30 years in the field of biotechnology, the number of patents has significantly increased, particularly in relation to genetic materials. Fernando Rincón looks at the Mexican situation.

Genetic material in the form of gene or partial DNA or RNA sequences plays an important role in medical research, for example, for the development of new drugs, tests and in diagnosis, monitoring and treatment of diseases as well as in agricultural and industrial fields.

In this regard, Article 16, Section II of the Industrial Property Law states:

“Inventions that are new, the result of an inventive step and susceptible of industrial application within the meaning of this Law shall be patentable, with the exception of: […] II. biological and genetic material as found in nature.”

biotechnology, gene patents, Mexico