How to file a patent in Mexico?

What is a patent in Mexico?

In Mexico, the government grants patents to protect inventions that meet three essential criteria. To secure a patent, you must clearly demonstrate that your invention qualifies under each of the following standards:

1. Novelty

First, you must prove that your invention is new. This means it must not exist within the “state of the art”—any information that has already been made available to the public through writing, speech, commercial use, or any other method before your filing date or priority date.

2. Inventive Step

Next, your invention must involve an inventive step. In other words, it cannot be obvious or easily derived from what is already known, particularly by someone with average knowledge and experience in the relevant technical field.

3. Industrial Applicability

Finally, your invention must be industrially applicable. You must show that it can be manufactured or used in any industry—including goods production and service sectors.

Some of Mexico IMPI’s 2016 figures:

• Patent applications filed in 2016: 17,413.
• Top 3 Applicants by country: United States (8,262), Mexico (1,310) and Germany (1,153).
• Top EU applicants by country: Germany (1,153), France (594), United Kingdom (319), Italy (301) and Spain (204).
• Patents granted: 8,657.
• Top three technology areas for granted applications: Consumer goods (3,003), Industrial Techniques (1,698) and Chemistry & Metallurgy (1,231).

How to file a patent in Mexico?

• Required Documents to File a Patent in Mexico

  To successfully file a patent in Mexico, you must prepare and submit the following documents:

  1. Patent Application Form
  You must complete and sign the official form by hand. This form must include:

  • The title of the invention

  • Full name, address, and nationality of the applicant(s) and inventor(s)

  • A Mexican address for receiving IMPI notifications

  • Priority information (Paris Convention or PCT)

  • The number of pages attached to the application

  2. Specification
  You must provide a detailed specification of the invention, similar to those required in other jurisdictions. It must include:

  • Title

  • Field of the invention

  • Background

  • Objective

  • Brief and detailed description

  • Figures and examples (if any)

  3. Claims
  You must clearly define the scope of protection. IMPI requires claims to follow a structured format:

  • Preamble

  • Transition phrase

  • Body of the claim

  You must also include the summary of the invention, drawings, sequence listings, and, when applicable, a certificate of deposit of biological material.

  4. Power of Attorney
  You must submit a simple Power of Attorney for each applicant.

  5. Assignment Document
  If the applicant is different from the inventor and you are filing under the Paris Convention, you must include an assignment form. This document is generally not required for PCT national phase entries.

  6. Priority Document
  If you claim priority under the Paris Convention, you must submit the certified priority document.

  7. Proof of Payment
  You must provide proof of payment for the official filing fee.

  8. Apostille or Legalization
  You must legalize some foreign documents. If your country belongs to the Hague Convention, an apostille will suffice instead of consular legalization.

  Language Requirements

  You must accompany all documents in a language other than Spanish with a certified Spanish translation.

You may be interested in filing a trademark in Mexico.

How is the Patent process in Mexico?

Once you file your Patent application, IMPI will start the granting procedure. You should be proactive during this phase and be aware of any incidence related to your application in order to rectify any deficiency and answer any official action raised by the IMPI. This process can be separated into 5 stages.

Formal Examination

IMPI begins by assessing whether your application meets all formal requirements. If it finds any deficiencies, IMPI will issue an official action requesting you to make the necessary additions, corrections, or amendments. Keep in mind, IMPI allows only two office actions during this stage. If you fail to comply after the second notice, your application will be rejected. Therefore, it is essential to act carefully and respond thoroughly.

Publication

If your application passes the formal examination, IMPI publishes it in the Official Gazette approximately 18 months after the filing date.

Third-Party Observations

After publication, third parties have six months to submit observations against your patent application. However, examiners are not obligated to respond to or follow those arguments. During this period, IMPI grants the applicant two months to submit a response to any third-party comments.

Substantive Examination

At this stage, an examiner evaluates whether your invention satisfies the key requirements: novelty, inventive step, and industrial applicability. IMPI can issue up to four official actions, giving you opportunities to defend your application with supporting arguments and evidence. After your response to the fourth office action, IMPI will grant or reject the application.

Granting and Maintenance

Once approved, you must pay the granting fee and the first five-year maintenance fees. After you submit proof of payment, IMPI will issue the letter patent certificate, officially granting your patent rights.

Check out this list of required documents required to file a patent in Mexico.