We have a wide range of services in order to provide the best solution and strategy to protect your inventions:

– Technology assessment
– Patent prior art state study
– Patent drafting
– Paris convention patent application filling
– PCT patent application filing
– PCT national phase filing
– Utility model application
– Industrial designs application
– Response to technical examination official requirements
– Update of patent registration (change of name, address, etc.)

Inventions can be protected by two legal figures: Patents and Utility Models.

Absolute novelty, inventiveness and industrial application are requested for Patents and for Utility Model applications the absolute novelty and industrial application are only required. Patents are granted for 20 years and Utility Models for 10 years.

Paris Convention rights are recognized for applications filed within the 12-month convention term, counted from the priority filing date.

Patent applications are published in the Official Gazette after 18 months from filing date or from the priority filing date and the official file of published Applications are opened for public consult. In case of Patent infringement, damages can be claimed as from publication date and therefore, there is a provision which allows anticipating the publication.

Technical Examination does not need to be requested and the examination fees are included in the filing fees. The average time to get into examination is 36 months for Patents and 12 months for Utility Model applications.

For inventions that were previously disclosed, the Law grants a grace period of 1 (one) year to file the application in Mexico as from the first disclosure date.

Data for filing a new Patent application:

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

Documents:

– Specification claims and abstract in Spanish.
– Formal drawings
– Power of Attorney document. – no certification or legalization is required.
– Assignment of invention
– Certified Copy of the priority application (if any) and Spanish translation thereof.
– Assignment of priority rights (if any).

The time frame from filing a Patent application to get its registration in Mexico is around 4 years and for Utility Model applications is around 18 months.

Annuities

They are due upon granting and must be paid 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.