Mexico joined the PCT in 1995. Therefore, national phase applications may be filed in this country. The time limit applicable for entry into the national phase is 30 months from the earliest priority date. Restoration of this term is not possible. Patent filing in Mexico via PCT is available.
If you’re considering filing in Mexico through the PCT route, here is everything you need to know about the process, requirements, and how we can assist you at each stage.
How to Enter the National Phase in Mexico
To initiate patent protection in Mexico under the PCT system, you must file your national phase application before the Mexican Institute of Industrial Property (IMPI). The filing must occur within 30 months of the priority date—this period is strict and cannot be extended.
You can submit the application directly in Spanish or in another language, as long as you follow up with a sworn Spanish translation. If you do not include the translation when submitting the application, IMPI will issue an office action requesting the translation. You will then have two months to comply.
You may also want to file a patent in Mexico. We can help you with that!
Examination Process in Mexico
Once IMPI receives your complete application, the patent undergoes two main examinations:
1. Formal Examination
During this phase, IMPI checks whether all the required documents are complete and properly formatted. This includes verifying applicant details, translations, and legal forms such as the POA.
2. Substantive Examination
IMPI automatically initiates the substantive examination. You do not need to file a separate request or pay an additional fee for this phase. During this examination, IMPI evaluates the patentability of the invention based on the three primary criteria: novelty, inventive step, and industrial applicability.
If IMPI identifies any issues with your application, it will issue an Office Action. You must respond within the time allowed, typically two months. IMPI may issue multiple Office Actions during prosecution, and your timely and strategic response is essential to avoid abandonment.
Timeline and Duration
Filing a PCT national phase application in Mexico typically results in patent grant within 3 to 5 years, depending on the complexity of the case and whether IMPI raises objections. If your application proceeds smoothly without oppositions or substantive issues, it may be granted sooner.
Delays may occur if IMPI issues Office Actions or if you request extensions. Nevertheless, the automatic initiation of the substantive examination helps reduce unnecessary delays compared to jurisdictions that require a separate request to begin examination.
Grant and Patent Term
Once IMPI grants the patent, the protection lasts 20 years from the international filing date. Keep in mind that you must pay maintenance fees (annuities) starting from the third year to maintain the patent’s validity. These fees are due annually, and non-payment may lead to the loss of rights.
Communication and Language Support
We assist you throughout the entire patent process in Mexico—from filing to grant and beyond. Regardless of where you originally filed the PCT application, we ensure clear communication by providing updates, Office Actions, and legal reports in your native language. You will receive personalized, detailed reports regarding any developments, claims, or decisions affecting your patent application.
We maintain close contact with IMPI and monitor your application’s progress regularly. If IMPI raises objections or requests additional information, we notify you promptly and guide you on how to respond effectively.
Key Takeaways
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Mexico joined the PCT in 1995, and national phase applications must be filed within 30 months of the priority date.
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You must submit a Spanish translation of the PCT application. IMPI allows two months to submit it if not filed upfront.
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A Power of Attorney is required but may be submitted late upon request.
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Substantive examination starts automatically—no need for a separate request.
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IMPI does not require the priority document for PCT national phase filings.
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Patent protection lasts 20 years from the international filing date, with maintenance fees starting from the third year.
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We provide full support in your native language and keep you updated at every stage.
Are you looking for IP protection in Mexico? Get in touch with our Patent specialists!
