PATENTS

MEXICO

GDP: $1.295 BILLION
IMPORTS: $370.7 BILLION
POPULATION: 125,4 MILLION
TOTAL AREA: 1,972,550 Km2
CURRENCY: PESO (MXN)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Patent Law in Force:

IP Law of November 23, 1994

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney merely signed (no legalization required) within 60 days from office action.
• Assignment document from the inventors merely signed (no legalization required) within 60 days from office action (not required for entry into national phase of PCT applications).
• Certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

Accepted. Late submission of the Spanish translation is possible within 60 days from office action.

Substantive examination must be requested by the applicant:

NO

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 6 months from publication.

Opposition:

YES, within 6 months from publication.

Average time from filing to grant:

3 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

• suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
• Lower threshold for inventive step.

Maintenance:

payment for periods of 5 years after grant.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.impi.gob.mx/

© 2015 Balder IP Law S.L. Todos los derechos reservados.