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Innovation Bloom in Mexico: Courts Challenge Patent Exclusion in Plant Breeding

In a significant turn of events, the Federal Court of Administrative Justice (TFJA) has overturned the previous interpretation of the Mexican Patent Office (IMPI), in three successive rulings, and established new guidelines for the patentability of modern plant breeding techniques. ´The recent rulings establish a legal precedent in Mexico for the definition of "essentially biological processes" under the Federal Law for the Protection of Industrial Property of 2020. Although this law does not provide clear criteria, the TFJA decisions offer a positive outlook for those seeking protection for plant-related inventions using biotechnological techniques.

date:  30/01/2024

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