Mexico’s IMPI (Mexican Institute of Industrial Property) has been appointed a PCT International Searching Authority and International Preliminary Examining Authority, as the European Commission’s IP Helpdesk reported on 24 July 2026. Once its agreement with WIPO enters into force, IMPI will be the 26th authority of its kind and the third based in Latin America and the Caribbean, working in Spanish. It matters to companies and universities that file international patent applications in Spanish, and to anyone planning patents between Europe and Latin America.
Key takeaways
- IMPI was appointed both International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA).
- It is not operational yet. It starts work when its agreement with WIPO’s International Bureau enters into force.
- Under the draft agreement, IMPI will search applications in Spanish only, for PCT states in Latin America and the Caribbean whose receiving office chooses it.
- Its fees will be set in Mexican pesos; the amounts were left blank in the approved draft.
- Separately, since 4 April 2026 Mexico allows the restoration of the right of priority within two months of the missed deadline.
What did the PCT Assembly decide about IMPI?
Under the Patent Cooperation Treaty (PCT), an ISA searches the prior art for an international application and issues a written opinion on patentability; an IPEA can then carry out an optional international preliminary examination (Chapter II). Under the PCT Regulations, every appointment covers both roles.
According to WIPO document PCT/A/58/3 (5 May 2026), IMPI applied on 2 December 2025 and the PCT Committee for Technical Cooperation unanimously recommended its appointment in February 2026. The Assembly decided at its July 2026 session, and IMPI announced the appointment on 13 July 2026, with the declared support of every Latin American and Caribbean office and of Spain, among others.
The Assembly approved two agreements: one for operations up to 31 December 2027 and another from 1 January 2028 to 31 December 2037. The appointment takes effect when the agreement enters into force, which happens once IMPI is ready to operate. The Assembly’s rules expect this as soon as reasonably possible and, at the latest, around 18 months after the appointment. The Mexican firm Basham reported on 21 July 2026 that operations are expected in January 2027; no official start date has been published. Spain’s OEPM supported IMPI’s preparations (PCT/A/58/3 Add.).
How will IMPI work as a PCT International Searching Authority?
The operating terms are in the annexes to the draft agreement approved by the Assembly:
| Item | Draft agreement (PCT/A/58/3, Annex I) | Practical effect |
|---|---|---|
| States covered | Any PCT Contracting State in Latin America and the Caribbean | Only if your receiving office specifies IMPI, from a date notified to WIPO at least two months in advance |
| Language | Spanish | An application in English or Portuguese would need a Spanish translation for the search |
| Supplementary international search | Not offered | A second search would have to come from another authority |
| Subject matter searched | Whatever is searched under Mexican patent law | Mexican exclusions, such as computer programs, frame the search |
| Fees | In Mexican pesos; amounts not yet set | Compare with the official PCT fee tables once published |
| Refund | 25% of the search fee where IMPI reuses its own earlier search on the priority application | Rewards filing first in Mexico |
Which Spanish-language search options will applicants have?
IMPI describes itself as the fourth authority working in Spanish, alongside the OEPM (Spain), INAPI (Chile) and INPI (Brazil). The choice is not entirely free: each receiving office decides which authorities are competent for applications filed with it. Beyond language and price, the right ISA depends on where the application will be prosecuted: if Europe or the United States is the main market, an EPO or USPTO search may be reused more directly; for a Mexican priority aimed mainly at Latin America, a Spanish search by IMPI may fit better.
What changes for priority claims in Mexico?
The reform of the Federal Law for the Protection of Industrial Property (LFPPI, amended by decree published on 3 April 2026) entered into force the next day. Article 42 now allows an applicant who files in Mexico after the 12-month priority period to request restoration of the priority right within two months of its expiry, paying the fee and providing the priority data and certified copy. WIPO’s table of PCT reservations and incompatibilities records that IMPI withdrew its incompatibility notifications under Rules 49ter.1(g) and 49ter.2(h) as from 4 April 2026, so restoration now also works for PCT applications entering Mexico.
What this means for your business
- If you file PCT applications in Spanish from Mexico or elsewhere in the region, ask your receiving office whether and from when it will specify IMPI.
- Keep your current ISA until IMPI is operational and its fees are published.
- Choose the ISA according to where the search will be reused: Europe, the United States or Latin America.
- Review priority deadlines: Mexican restoration helps, but the window is only two months.
If you want the international phase and the national phases planned together, our PCT and international patent filing team can compare the search options for your case.
Where companies get this wrong
- Assuming IMPI can be chosen today. Until the agreement is in force, it cannot act as ISA.
- Filing in English and selecting a Spanish-only authority, then paying for a translation within the PCT deadline.
- Treating restoration as a second deadline. It is a remedy with conditions and a fee, not an extension.
- Splitting the PCT filing, the Mexican national phase and the European phase between unconnected advisers, so nobody sees the whole calendar.
Frequently asked questions
When can I choose IMPI as International Searching Authority?
Only once its agreement with WIPO’s International Bureau enters into force and your receiving office has specified it. The PCT Assembly approved the appointment in July 2026, but no official start date has been published. Mexican practitioners expect January 2027; until then, use the authorities already available to your receiving office.
Who will be able to use IMPI for the international search?
Under the draft agreement, applicants filing with the receiving office of any PCT Contracting State in Latin America and the Caribbean, provided that office specifies IMPI as a competent authority. IMPI will accept applications in Spanish only and will not offer supplementary international searches.
Does Mexico now allow restoration of the right of priority?
Yes. Since the reform of the Mexican industrial property law in force on 4 April 2026, an applicant can request restoration within two months after the 12-month priority period expires, with the official fee and the priority documents. IMPI also withdrew its PCT incompatibility notifications on restoration from that date.
Can IP Global Guard manage a PCT application searched in Spanish?
Yes. We prepare and coordinate PCT filings and the choice of search authority, acting before WIPO directly where our professionals are entitled and otherwise through qualified representatives, and we coordinate local correspondents for national phases in Mexico and the rest of Latin America, Europe and Africa from one point of contact.
How IP Global Guard can help with your PCT strategy
A new Spanish-language search authority is useful only if it fits the rest of the plan: where you filed first, which markets come next and who will examine the application later. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates patent filings with one strategy and one billing relationship across more than 25 jurisdictions in Europe, Latin America and Africa.
Tell us where your priority application was filed, its date and the countries you are considering. We will map the PCT route, the search options and the national phase deadlines. Send your filing details to our patent team.
This article is general information, not legal advice, and reflects the situation on its publication date.
Sources
- European Commission IP Helpdesk, PCT system strengthened as IMPI becomes new international authority (24 July 2026)
- WIPO, PCT/A/58/3, Appointment of IMPI as ISA/IPEA, with draft agreements (5 May 2026)
- WIPO, PCT/A/58/3 Add., update on IMPI’s appointment (5 May 2026)
- IMPI, press release on its appointment (13 July 2026)
- Basham, Ringe y Correa, IMPI designated as ISA and IPEA under the PCT (21 July 2026)
- Chamber of Deputies of Mexico, LFPPI consolidated text (last amendment DOF 3 April 2026)
- WIPO, PCT reservations, declarations, notifications and incompatibilities (database)
