HomeIP-GuideMexico General informationInvention (Paris Convention) Mexico

Mexico

  • International Country Code:

    MX
  • Time Zone:

    UTC/GMT -06:00
  • Currency:

    Mexican Peso (MXN)

Patent in Mexico(non-PCT)

Mexico
from 1124.00
Total Number of Claims
Number of Priorities
Pages for Publication
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  • Patent fees

Fees associated with filing patent applications in Mexico as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in Mexico

The term for filing a patent application in Mexico claiming conventional priority is 12 months from the priority date. Restoration of this term is not possible.

  • Filing requirements in Mexico

The official language of a patent registration in Mexico is Spanish. It is possible to file a patent application in any other language. The Patent Office will issue an office action requesting the translation and will grant the applicant two months for filing Spanish translation.

To obtain the date of filing, a patent application in Mexico should contain:
-signed application;
-technical documents (background of the invention, description, summary, claims) in any language;
-drawings;

-payment of official fees.

If priority is claimed, a certified copy of the Priority Document must be filed with the Mexican Patent Office within a non–extendible term of three months commencing on the filing date of the application.

An original Power of Attorney must be provided with the application. Late filing of this document is allowed within two months after the filing date should the Patent Office issue an office action requesting such a document. The POA must be signed by the person who grants it and two witnesses. Certification and legalisation of this document are not required.

  • Examination of a patent application in Mexico

Patent applications in Mexico undergo formal and substantive examinations. Substantive examination is initiated automatically. No special request or fee is required. It is possible to request an accelerated examination under PPH.

  • Novelty grace period

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 fee 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 can be paid in an accumulated manner.

  • Duration of registration procedure

It takes an average of 4 years from filing to granting of a patent in Mexico.

  • Utility model

It is possible to obtain utility model protection in Mexico. Utility model requirements are less stringent than for patents - novelty must be present and they must be industrially applicable, however an inventive step is not a necessity. Applications undergo both formal and substantive examination. The validity term of a utility model in Mexico is 10 years from the date of filing in Mexico, which is non-renewable. It is also possible to transform a patent application into a utility model application. The request for transformation may be submitted within 3 months after the filing date or within 3 months after the Patent Office requires such transformation.

  • Representation by a patent attorney

For foreign patent applicants, it is necessary to perform patent prosecution in Mexico through an agent, a registered Mexican patent attorney.

  • Notes

1. Online search database for Mexican Patents.
2. It is possible to protect an invention as a utility model in Mexico. Utility model applications undergo formal and substantive examinations; smooth registration procedure usually lasts for six months. The registration of a utility model in Mexico shall be effective for a non-renewable period of 10 years. It is also possible to transfrom a patent application into a utility model application. The request for transformation may be submitted within 3 months after the filing date or within 3 months after the Patent Office requires such transformation.

Brief summary is based on the information provided by AE AARON ESTRADA LEGAL on 08.01.2019
Please contact us if the above information contains any discrepancies with Mexican IP Laws.

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