To file a patent in Mexico, you must submit your application to the Mexican Institute of Industrial Property (IMPI), the authority responsible for processing registrations of inventions, industrial designs, and utility models.
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What is a patent in Mexico?
In Mexico, the government grants a patent as an exclusive right over inventions that meet specific criteria. The invention must be new, meaning it cannot appear in the state of the art—which includes all information made public through written or oral description, use, marketing, or any other means before the patent application’s filing date or its recognized priority date. It must also involve an inventive step; in other words, the invention must not be obvious or easily derived from existing knowledge by someone with average expertise in the relevant technical field. Finally, the invention must be industrially applicable, meaning it can be produced or used in any industry, including services.
Read more about the step by step process for a patent application in Mexico.
The Step by step process on filing a patent
Step by Step process on filing a patent application in Mexico
Step 1: Submit the Application Forms
Once you file your patent application, IMPI initiates the granting procedure. You must stay proactive during this stage by monitoring any incident related to your application. Address any deficiencies promptly and respond to official actions issued by IMPI to keep the process moving forward.
Step 2: Undergo Formal Examination
IMPI examines your application to verify whether it meets all formal requirements. If your submission lacks any required elements, IMPI issues an official action requesting the necessary additions, corrections, or amendments. IMPI may issue up to two office actions during this phase. If you fail to comply after the second action, IMPI will reject your application. Therefore, we recommend paying close attention to detail during this stage.
Step 3: Publication in the Official Gazette
If your application passes the formal examination, IMPI publishes it in the Official Gazette 18 months after the filing date.
Step 4: Address Third-Party Observations
After publication, third parties have six months to file observations against your application. Although IMPI examiners are not required to respond to or adopt the arguments from these observations, they may consider them during the evaluation process. IMPI also opens a two-month window for you to respond to these observations.
Step 5: Undergo Substantive Examination
During this stage, the examiner evaluates whether your application meets the requirements for novelty, inventive step, and industrial applicability. IMPI may issue up to four official actions, giving you the opportunity to present arguments and supporting evidence for your invention’s patentability. After responding to the fourth official action, IMPI will either grant the patent or reject the application.
Step 6: Approval and Payment or Denial
If IMPI approves your application, you must pay the granting fee and the first five years of maintenance fees. Once you submit proof of payment, IMPI grants the patent and issues the Letters Patent Certificate.
Also, you may need to file a trademark in Mexico.
Novelty grace period
For a patent in Mexico, the novelty grace period constitutes 12 months before the Mexican filing date or before the priority date if the inventor or the successor to his rights has made the invention known by any means of communication, by putting the invention into practice or by having displayed it at a national or international exhibition.
Grant, validity term and maintenance fees
Patents in Mexico are valid for 20 years from the date of filing. Grant fees and annuities for the first five years should be paid within two months from the receipt of the Notice of Allowance. The succeeding annuities should be paid every five years before the expiry of the anniversary of the filing date. Annuities are paid in an accumulated manner.
Duration of the registration procedure
It takes an average of 4-6 years from filing to granting of a patent in Mexico.
Representation by a patent attorney
Foreign patent applicants need to perform patent prosecution in Mexico through an agent, a registered Mexican patent attorney.
Goytia & Associates has local offices in Mexico and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Check out the list of required documents to file a patent in Mexico.
Do you need to file a Patent from another country other than in Mexico?
This content may suffer modifications due to updates in the official regulations of Mexico.
