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Mexican Court Revives Denosumab Patent, Extends Amgen Exclusivity to 2027

Industry groups say the ruling jeopardizes biosimilar availability, injecting uncertainty into the 2027–2028 public purchase cycle.

Overview

  • On January 22, a collegiate administrative court granted Amgen an amparo that extends market exclusivity for Denosumab to 2027 despite the drug’s patent expiring in 2022.
  • COFEPRIS had already issued registrations for Denosumab biosimilars, and IMPI opposed reactivating the expired patent, positions industry groups say the court did not weigh sufficiently.
  • ANAFAM warns the decision undermines legal certainty, investment and the right to health, and it has sought meetings with the health minister, the IMPI chief and a presidential economic adviser.
  • A 24 Horas column reports ANAFAM, with IMPI support, will take the case to a judicial discipline tribunal to outline its effects on companies preparing to supply the public sector.
  • Biosimilar makers including Sandoz and Abbott say they are ready for the 2027–2028 consolidated purchase, while Amgen holds a 2025–2026 public contract worth 1.9 billion pesos and the ruling’s full text is not yet public, with reversibility described as limited.