Paris Convention rights are recognized for Industrial Designs or Drawings applications filed within the 6 (six) months from the priority date.

According to the recent changes in the Mexican IP Law, Industrial Designs are granted for 5 years, which can be renewed for 5 years periods up to a maximum of 25 years.

The IP Law grants a grace period of 1 (one) year for inventions previously disclosed to file the corresponding application in Mexico. However, this provision does not apply to inventions disclosed by publication of Patent application or granted patent.

Formal drawings need to be sufficiently clear, that is in well-defined black lines and photographs are also admitted. No texts are allowed in the drawings and it is required to show 7 (seven) views of the design; front, rear, top, bottom right side, left side and perspective views.

The examination does not need to be requested and examination fees are included in the filing fees. The average time to get into examination is 8 months.

The time frame from filing to get the Industrial Design Certificate is around 1 (one) year.

Data for filing a new Design application:

– Applicant’s name, address (residence) and nationality.
– Designer’s name, address 8residence) and nationality
– Priority data; date, serial number and nationality
– Title of the invention

Documents:

– Specification in Spanish
– Formal drawings
– Power of attorney.- no certification or legalization is required.
– Assignment of Designer
– Certified Copy of the priority application (if any) and Spanish translation thereof
– Assignment of priority rights (if any)

Annuities:

Only Design Registrations granted under the previous IP Law must be paid anuities by quinquenniums (5 years term). The first quinquennium is paid along with the granting fees for the current year and the following 4 (four) years. Next quinquenniums are due every 5 years on the anniversary of the filing date.