The Mexican Institute of Industrial Property (IMPI) is the Mexican IP Office in charge of applications and registrations of inventions, Industrial Designs, and Utility Models, so it’s the place where you have to file a patent in Mexico.
Documents required to file a Patent in Mexico
Filing a Patent application must contain the following documents:
- Patent Application: An official form duly signed which shall include the title of the invention; name, address, and nationality of the applicant(s) and inventor(s); a Mexican address to receive official communications from the IMPI; priority information (Paris Convention or PCT); and the number of pages accompanying the application. A signature must be handwritten.
- Specification: A Mexican Patent specification does not substantially differ from other countries Patents. It must contain the: Title, Field of the Invention, Background of the Invention, Object of the Invention, Brief Description of the Invention, Figure, Detailed Description of the Invention, Examples.
- Claims: They define the Patent’s scope of protection –i.e. only the technical features included in this section will be taken into consideration as the protected subject matter-. According to IMPI’s practices, claims are structured in three parts: Preamble, Expression of transition, Body; Summary of the Invention, Drawings, Sequence listings, and where applicable, Certificate of Deposit of Biological Material.
- Power of Attorney: A simple Power of Attorney (per applicant).
- Assignment: if an applicant is different from the inventor(s) and the application is being filed by the Paris Convention this form must be filed. In general, it is not required for PCT national phase cases.
- Priority Document for Paris Convention Applications.
- Payment: Proof of payment of the corresponding fee.
- Apostille or legalization: Some of the foreign documents must be legalized. If your country of origin is a member of the Hague Convention, an apostille will suffice.
How to file a Patent in Mexico?
All the documents in a language other than Spanish must be accompanied by its proper translation.
It takes an average of 4 years from filing to granting of a patent in Mexico. Patents in Mexico are valid for 20 years from the date of filing of the application
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The term for filing a patent application in Mexico claiming conventional priority is 12 months from the priority date. The time limit for the PCT national phase entry is 30 months from the earliest date of priority. For national filings (non-PCT) the term for filing the application claiming conventional priority is 12 months from the priority date.
To obtain the date of filing, a patent application in Mexico should contain a signed application; technical documents in any language; drawings, and payment of official fees.
Patent applications in Mexico undergo formal and substantive examinations. The formal and substantive examinations are automatic and the process can last 24 months.
*For foreign patent applicants, it is necessary to perform patent prosecution in Mexico through an agent, a registered Mexican patent attorney.
Do you need help in the process? Follow this step by step guide
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client.
Also, you may want to check out how to file a trademark in Mexico.
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.
