Patent

Summary
  1. Legislation
    Patent protection in Mexico is governed by the Industrial Property Law
  2. Definition
    A patent is a right conferred to an applicant to have and an exclusive operating license granted by the State for an invention.
  3. Criteria
    In order to make an application for a patent in Mexico, the invention must be/or contain:

      1. New
      2. Inventive Step
      3. Industrial Applicable

    However, the following cannot be patented

      1. Biological processes for the production and spread of plants and animals
      2. Biological and genetic material
      3. Animal breeds
      4. Human body
      5. Live component parts and plant varieties
  4. Membership
    √ Paris Convention for the Protection of Industrial Property
    √ Patent Cooperation Treaty (PCT)
    Japan is party to the Paris Convention for the Protection of Industrial Property. This provides that an applicant from any State party to the treaty shall be able to use its first filing date as the effective filing date in another State. Provided that the subsequent application is submitted within twelve (12) months.
    Furthermore, Japan is a party in the Patent Cooperation Treaty which provides a unified procedure in filing patent application which can be filed to the World International Property Organization. The treaty allows for the applicant to extend its rights in patent application to other member country of the treaty. It is important to note that the an application under the PCT does not grant an international patent as that does not exist.
  5. Rule of Priority
    Mexico practices a ‘First-to-file’ system, which recognizes the first person to file the patent which is not necessarily the first inventor.
  6. Duration and Renewal
    A patent once granted will be valid for 20 years with an annuity to be paid
Procedure/Timeline
  1. Application
    An application can be filed to the Mexican Institute of Industrial Property
    Once a complete application together with the all relevant documents have been submitted, a filing date will be provided to the applicant.
  2. Formal Examination
    A formal examination will be conducted once a complete application has been submitted. The formal examination will consider if the application has met the documents and information required by the Law of Industrial Property.
    The institution may require the application to make amendments up to twice.
  3. Publication
    The application after it has passed the formal examination, will be published within 6 months. This provides an opportunity for any person concerned about the application to make a written argument to the Institute.
  4. Substantive Examination
    A specialized examiner will verify whether the invention is patentable based on the requirements set down in the Law of Industrial Property. The examiner may issue up to 4 requirements for the applicant to complete certain provisions.
  5. Registration
    Once the application has met the requirements, or the applicant has made all necessary amendments, the applicant will be issued a ‘payment date’ by the office. The applicant will then make the necessary payments for the patent to be granted.
    The invention will then be published in the Gazette.
Requirements/ Documents
The following information/requirements are required for a patent application in Mexico:

  1. Signed application
  2. Payment of Government fees
  3. Descriptions
  4. Priority
  5. Power of attorney
  6. Assignments form (if applicant is a corporation)
  7. Claims
  8. Drawings

PCT National Phase Application
The following information/documents together with the filing fee are required to be submitting a non-provisional utility provisional application:

  1. Receipt from the International Bureau of copies of international application with any amendments to the claims, international search reports, and international preliminary examination reports may be accepted
  2. Payment of national fee
  3. Furnishing of a translation if the international application was filed in any other language other than English
  4. A copy of international application, except where not required by that Office (if necessary)
  5. Amendments, if any, to the claims in the international application. (Unless such amendments have been informed to the Patent and Trademark Office by the International Bureau, where a translation in English is provided should the amendments be made in another language)
  6. An oath or declaration of the inventor
  7. A translation into the English Language of any annexes to the international preliminary report. (If the annexes were made in another language)
Documents
Downloadable Forms
Agents
Fee

Industrial Design

Summary
  1. Legislation
    Industrial Design in Mexico is governed by the Industrial Property Law
  2. Definition
    Industrial Design includes both drawings and industrial models. The drawing must be related to an industrial product.
  3. Criteria
    Industrial design includes:

      1. Drawings
      2. Combination of figures
      3. Lines
      4. Colors
      5. 3 dimensional shape

    The design must be of the requirements of:

      1. New
      2. Industrial Application

    The design cannot be:

      1. Theoretical and scientific principle
      2. Discoveries to disclose something that already exist in nature
      3. Schemes
      4. Plans
      5. Rules
      6. Methods for performing
      7. Mental acts
      8. Games or business method
      9. Mathematicians
      10. Computer programs
      11. Aesthetic creations
      12. Artistic
      13. Literary works
      14. Surgical treatment methods
  4. Membership
    √ Paris Convention for the Protection of Industrial Property
    Canada is party to the Paris Convention for the Protection of Industrial Property. This provides that an applicant from any State party to the treaty shall be able to use its first filing date as the effective filing date in another State. Provided that the subsequent application is submitted within six(6) months.
  5. Rule of Priority
    Mexico practices a ‘First-to-file’ system, which recognizes the first person to file the design which is not necessarily the first inventor
  6. Duration and Renewal
    An industrial design once granted, is protected for 15 years
    An annuity is required to be paid every year.
Procedure/Timeline
  1. Application
    An application for an industrial design is to be made to the Mexico Intellectual Property Office.
    All documents must be submitted in order to receive a filing date.
  2. Examination
    Once all the documents have been submitted, a formal examination will be first conducted to ensure that all the necessary documents have been submitted accordingly. Should there be documents submitted not meet the legislative requirements, the applicant has 2 months to respond and rectify the issue.
    After the formal examination has been completed, an examiner will then consider the application design and determine if it meets the requirements laid down in the Law of Property Industrial to be registrable.
  3. Office Action
    Should an objection be raised regarding the application, an office action will be issued to the applicant detailing the reasons as to why the objection was raised. The applicant then has 4 months from the date in which the office action was released to respond to the objection either by written argument or by making the necessary amendments.
    Should the office action not be responded to, the application will be deemed abandoned.
  4. Registration
    Once the office action has been dealt with, the applicant must pay a the stipulated fee by the payment date.
  5. Publication
    The design once granted will be published in the Gazette
Requirements/ Documents
The following information/documents are required for an industrial design application in Mexico

  1. Name, nationality and address of the inventors
  2. Applicants name, nationality and address
  3. Specification and Claims
  4. Formal Drawings
  5. Power of Attorney
  6. Assignment document (if applicant is not the inventor)
Documents
Downloadable Forms
Agents
Fee