Patents Laws in Mexico
Patent law in Mexico is governed by federal legislation and is aligned with international standards. Here's a comprehensive overview of patent laws in Mexico:
🇲🇽 Governing Law and Authority
Primary Legislation:
Federal Law for the Protection of Industrial Property (FLPIP) – in force since July 1, 2020, replacing the previous Industrial Property Law.
Governing Authority:
IMPI (Instituto Mexicano de la Propiedad Industrial) – the Mexican Institute of Industrial Property handles patent applications, examinations, and enforcement.
🔐 What Can Be Patented?
To be patentable in Mexico, an invention must:
Be novel (new, not disclosed anywhere in the world before the filing date)
Involve an inventive step (not obvious to someone skilled in the art)
Be industrially applicable
❌ Not patentable: Discoveries, scientific theories, mathematical methods, computer programs as such, business methods, or inventions contrary to public order or morality.
📄 Patent Application Process
Filing:
Can be filed online or in person with IMPI.
Must include: description, claims, drawings (if any), abstract, and filing fee.
Formal Examination:
IMPI checks completeness of documentation.
Publication:
Application is published 18 months after the filing or priority date.
Substantive Examination:
A detailed technical examination is conducted to assess patentability.
Grant:
If approved, the patent is granted and published.
⏳ Patent Duration
20 years from the filing date.
Maintenance Fees: Annual fees are required starting from the 3rd year. Failure to pay can lead to lapse of the patent.
🌍 International and Regional Agreements
Mexico is a member of several international treaties, including:
Patent Cooperation Treaty (PCT): Enables filing an international patent application designating Mexico.
Paris Convention: Provides for priority rights.
USMCA (United States-Mexico-Canada Agreement): Includes provisions for IP protection.
TRIPS Agreement: As a WTO member, Mexico adheres to TRIPS standards.
🛡️ Enforcement & Infringement
Patent owners can enforce their rights via:
Administrative proceedings through IMPI
Civil litigation for damages
Criminal actions in cases of willful infringement
Preliminary Injunctions and border measures are available for urgent enforcement.
🧑⚖️ Legal Representation
Foreign applicants must act through a registered Mexican patent agent or attorney.
Legal advice is recommended for prosecution and enforcement, especially for foreign entities.
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