HomeIP-GuideMexico General informationInvention (PCT National Phase) Mexico
  • International Country Code:

    MX
  • Time Zone:

    UTC/GMT -06:00
  • Currency:

    Mexican Peso (MXN)

Mexican PCT national phase entry

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  • Patent fees

Fees associated with Mexican PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Deadline for PCT national phase entry in Mexico

The time limit for the PCT national phase entry in Mexico is 30 months from the date of priority. Restoration of this term is not possible.

  • Filing requirements in Mexico

A translation of the international application into Spanish is required. The initial patent application can be filed in any other language, however the Patent Office will issue an office action requesting the translation within two months.

To obtain the date of filing, a PCT national phase patent application in Mexico should contain: signed application, technical documents (background of the invention, description, summary, claims) in any language, drawings, copy of the International Publication, copy of the International Search Report, copy of the International Application Status Report and the receipt of payment of government fees.

A simple signed Power of Attorney must be provided with the application. However, 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.

Priority Document is not required for the PCT National Phase entry in Mexico.  

  • Examination of a PCT national phase 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.

  • 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 in Mexico. 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.

  • 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 through the PCT National phase. Utility model requirements are less stringent than for patents - novelty must be present, however an inventive step is not a necessity. Applications undergo both formal and substantive examination. The term for a utility model in Mexico is 10 years from the date of filing in Mexico, which is non-renewable.

  • Representation by a patent attorney

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

  • Notes

1. Online database for Mexican Patents.
2. It is possible to enter PCT national phase for a utility model in Mexico. Utility model application undergoes 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 of 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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