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Mexico Needs a Strong Innovation Network: Breakthrough IP

By Sofía Garduño | Thu, 07/28/2022 - 10:56

Q: Why do clients need a service like Breakthrough IP’s to boost their innovation efforts?

A: Breakthrough IP is a legal firm that offers full services for intellectual property (IP) and one of the few that also offer technology intelligence. Although we work in every technological sector, most of the cases we manage involve life sciences and health. We are one of the few players that connect IP with effective market analysis, which results in useful information for clients who want to launch new products in different markets. By joining these two areas, clients can make more assertive and informed decisions.

Q: What is the biggest IP challenge within the health sector?

A: The lack of culture and knowledge of IP is the most difficult challenge. Regardless of their size, health companies are lagging in IP education and expertise. It is also difficult to deal with the global business perspective.

In addition to regulatory matters, we offer consultancy services to help clients to understand the consequences, motives and the different scenarios that can arise with their IP assets or third-party IP assets.

Q: Mexico ranked 55th among the 132 economies featured in the Global Innovation Index in 2021. What is needed to boost innovation in the country?

A: Innovation is unfamiliar and intimidating for many and this becomes more apparent when innovation is linked with technology, which implies a high level of expertise. For that reason, it is imperative for those who have successfully innovated to help those who are still on the path. The latter suffer because there is little mentoring or information available and accessible. Innovators need the guidance of experienced people. In the US, there are numerous incubators and mentors that boost innovation. Mexican governments have also failed to invest in innovation or training.

Innovating is different from protecting. Global indexes typically do not measure innovation that does not pass through an IP process. To have a higher position in these ranks, Mexico needs an effective IP public policy.

Q: How is Mexico doing in terms of patent registration and how can companies be more active in this sense?

A: Companies consider innovation to be an expensive process. Mexico is lagging behind in patent registration. Annually, the country introduces about 17,000 new patent application but only around 500,000 have been granted in the history of Mexico. The US, by comparison, has over 12 million patents. Mexico lacks the support and investment necessary to boost innovation.

Q: How can collaboration between private entities and academia boost R&D and, consequently, innovation?

A: Academia should lead innovation but the organic statutes of universities have not been updated. Despite the existence of a science and technology law that allows the creation of clusters between private entities and universities to launch innovations to the market, universities´s organic statues still do nor facilitate the development of innovation. Researchers and scientists must be supported and motivated to profit from more than just the publication of articles. In Mexico, the science community has always been awarded for publishing scientific papers. The generation of technology is not a priority for scientists because the field of innovation and technology has never been relevant in the country. A new generation of scientists, with a different perspective of innovation is coming but it will take about 30 years for this to become a reality.

Q: What is the benefit of Breakthrough IP partnering with the Jalisco state government?

A: This partnership proves that networking is essential for innovation. The government of Jalisco has a budget for innovation and IP. As of today, Jalisco is the only state to set aside a budget specifically for generating, protecting, and taking innovation to the market though different public programs, which are used to support anyone who needs IP consultancy in technological fields. Jalisco is the only state with programs of this kind, which is allowing it to become a leader in technological development. We operate across the entire country and a similar project in other estates would make innovation blossom.

Sometimes, we also work pro bono to support interesting or high-potential projects that do not have the resources to access a consultancy regarding IP because we are committed to promoting innovation and development.

Q: The USMCA aims to help Mexico modernize its legal framework regarding IP. What has been the impact of this treaty to date?

A: Although the new Federal Law for the protection of IP law has very good improvements, it did not align Mexico with the legislations that exists in other countries. It is hard for Legislators understand the correct balance between different players in the system. For example, the current administration is not correctly balancing the interests of pharmaceuticals, which are those who innovate, with the access to. The interests of all actors have to be heard and addressed equally.

Additionally, the current law has a lot of typographic mistakes, and it is somehow surprising that legislators did not pay attention to that. We all know it is difficult or practically impossible for legislators in Mexico to understand the impact that their actions can have as they occupy legislative positions because they were chosen not because of their knowledge but because of their popularity; and this not wrong, the problem is, that they do not take the time to hear the different positions of the different actors in a certain ecosystem

Q: What are the challenges and opportunities regarding IP for the country to boost its participation in the pharmaceutical industry?

A: The pharmaceutical industry, as it is natural in any other industry has experiencing a slow down in innovation after it peaked in this sector during the 1980s and 1990s. Despite this curve is natural for every industry, the pharmaceutical sector has more pressure because everyone wants to have cures for every disease. There is no magical recipe to boost innovation in this sector. It involves research and knowledge of the human body. If all the actors within the system collaborate and put the best interests of the population first, then the pharmaceutical industry can continue developing and innovating.

Q: What goals does Breakthrough IP expect to achieve by the end of 2022?

A: Our goal is always to focus on expanding by providing high quality consultancy, especially in life sciences and health-related cases; and of course, in and generating jobs. We want to be well positioned in IP to positively impact the economy of the country. Our mission is to train professionals and make them feel comfortable to come up with new ideas. It is essential to continue promoting innovation and IP processes. Companies, regardless of their size, should not be afraid to innovate. They only need a good team to provide counseling


Breakthrough IP is an intellectual property team specialized in smart strategies and innovative solutions to boost intellectual capital.

Sofía Garduño Sofía Garduño Journalist & Industry Analyst