Patent Registration in Mexico – Patenting Products or Inventions.
To protect in the right way both the new technical solutions and any kind of invention, it is essential to adopt a proper step for the registration of a patent.
In Protectia, official agency of Industrial Property, we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent.
Patent registration in Mexico: the process
The administrative authority of industrial property in Mexico, which has, among others, the responsibility to register patents of inventions is the Mexican Institute of Industrial Property (IMPI, in Spanish).
The process of registration goes through various steps:
- Application and payment of the maintenance fee for the first year. The disclosure of the invention will be considered innocuous and, therefore, will not affect the novelty of the application, provided that the date of disclosure (maximum 1 year before the application) is specified by the applicant, together with the proving documentation.
- Formal examination. After the application, the Institute shall undertake a formal review of the documents, proving that the application is clear and correctly presented.
- A report is issued within 9 months: official’s opinion that values the three requirements for patentability and leave the applicant two options: appeal it, or rather rethink everything and present another patent, considering that there is secret until the publication.
- Publication of the application on the Official gazette of IMPI, within 18 months from the date of application. It is to be noted that is possible to decide to withdraw the application before it is published, in which case will still remain secret.
- Substantive examination. Once achieved the deadline for filing objections, IMPI performs the test about patentability requirements.
- Granting of the patent. After having passed the substantive examination, within 2 months the granting will be published and the applicant has to pay the registration fees.
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The average duration for a patent process in Mexico goes from 3 to 4 years, depending on the specifics of the cases, and is valid for a non-extendible period of 20 years. Besides, during the 20 years, annual payments must be done for the maintenance of the patent´s rights.
Why choosing Protectia for the registration of a patent in Mexico?
In Protectia we make a difference for various reasons:
- Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
- Resources and experience: we have powerful informatics resources along with the expertise of our professional, ideals to advise, develop and manage the protection of inventions in Mexico.
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration.