Patent

Mexico

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions that are new, the result of an inventive step and industrially applicable under the terms of the Industrial Property Law.
Inventions not Patentable
15d7f1a59789be1568610905@_Worksheet_in_Mexico_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
30 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Omnibus claims are no allowed in Mexico. Product-by-process claims are only accepted if the product cannot be defined by its own technical features without making reference to the related process. Software is not considered as invention in Mexico; however
Invention Specification
N/A
Language of Specification
Spanish
Translation required
Yes
Due date to file the translation
2 Months
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
Copy
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
The formal examination is automatically carried out for all the applications with 3 Months from the filing date in Mexico. For PCT national phase applications, it is necessary that the international publication is available in the WIPO web page.
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
2 Months
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
The substantive examination is automatically carried out by the IMPI in a chronological basis. The first substantive office action is commonly received within 3 Years from the filing date in Mexico which may vary depending on the burden of work of the IMP
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
4 Months
Applicability of Examination
Examination can be expedited through PPH.
Time of Examination
Post-Publication
Time Frame from the Date of Application
A PPH request will be analyzed by the Mexican Institute of Industrial Property (IMPI) upon expiration of 6 Month term provided to third parties “prior art submissions” but before the substantive examination has started, namely, prior the first substant
Deadline to File the Reply
If a PPH request is rejected, the IMPI will issue a communication for correcting it. There is no deadline to reply the same. The PPH request can only be submitted twice.
Permissible Extension to File the Reply
If a substantive office action is received, it is no longer possible to file a PPH request.
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
The publication of pending patent applications shall take place as soon as possible following the expiration of the 18-Month period from the filing date or, where applicable, from the date of recognized priority. Utility model, industrial design and divis
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
The information regarding granted patents and registered utility models and industrial designs is commonly published in the official gazette published on the next month after paying the issue fees.

OPPOSITION

Applicability of Opposition