Mexico and the second medical use claims in the new European format for patents

Therapeutic treatment methods for humans or animals are excluded from patentability under most legal systems around the world, and Mexican law is no exception. Article 19(VII) of the Industrial Property Law excludes such methods from patentability because they are not considered inventions.

However, it is generally feasible to obtain patent protection in Mexico if method claims are amended to a “Swiss-type” format - for example, “the use of a substance X for the manufacture of a medicament for the treatment of disease Y, according to an article by Jasmin Maqueda of law firm Becerril, Coca & Becerril, posted on the International Law Office web site