Patents on pharmaceutical inventions in Mexico: from the prohibition to its enhancement by USMCA
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abstract
The pharmaceutical patent granted in Mexico has been part of the process of commercial opening. In parallel, with the incorporation of our country to the free trade agreements the patentability of the pharmaceutical inventions was allowed; the retroactive validity of patents on inventions that were in technical state was stipulated as well as the links of the license to the sanitary register. The negotiation of the Mexico, United States and Canada Trade widened the drug protection, allowing the medical second indication uses and the spreading of patent grants validity due to injustified delays in the convention process.