PATENTS

MEXICO

GDP: $1,224 BILLION
IMPORTS: $501,840 BILLION
POPULATION: 126,190,788
TOTAL AREA: 1,972,550 KM2
CURRENCY: MEXICAN PESO ($) (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:

Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020

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).

• digital copy or certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

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 2 months from publication.

Opposition:

NO

Average time from filing to grant:

3 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

15 years from filing date.

Differences between utility model and patent:

UM 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/

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