- North & South America
Mexico joined the Paris Convention for the Protection of Industrial Property in 1984, the Madrid Protocol in 1987, the Hague Agreement in 1998, and became a dual protected country under both the Paris Convention and the Hague Agreement in 2009.
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Patent type
1. Invention patent: 20 years from the date of application
2. Utility model patent: 15 years from the date of application
3. Design patent: 25 years from the date of application -
Application channels
1. Apply directly
2. The Paris Convention pathway
3. PCT International (for invention patents only) -
Application Language
Spanish
The inventor or their successor in rights shall submit a compliant application document to IMPI in Spanish. The application documents should include information such as the applicant's name, the name of the invention, as well as a detailed description, abstract, and necessary charts of the invention.
IMPI will conduct a formal review of the application materials to ensure that the documents are complete and comply with formatting requirements. If there are omissions or deficiencies, IMPI will issue a notice requesting the applicant to make supplements or modifications within two months.
After formal review and approval, the application will be made public 18 months after the submission date.
After publication, IMPI will conduct substantive examination based on the applicant's request to determine whether the invention meets the conditions for patent authorization.
If the invention meets the authorization conditions, IMPI will issue an authorization notice to the applicant, and the applicant needs to pay the relevant fees within two months after receiving the notice.
In addition, applicants can accelerate the IMPI examination process based on examination results in designated countries or regions, including Austria, Canada, Colombia, Chile, China, the European Union, Japan, South Korea, the United States, Peru, Portugal, Singapore, etc., through the Patent Examination Highway (PPH) project.
In Mexico, the registration of utility models only involves formal examination of the submitted application materials and does not involve substantive examination. Utility models that meet the formal examination criteria will be approved for patent registration by IMPI.
In Mexico, the registration process for utility model applications is generally the same as that for invention patent applications.
Designers or their assignees can directly apply for design registration or apply through agents, with the application language being Spanish. The applicant can mail the application materials to IMPI or send the electronic version of the materials to IMPI's material receiving email address via email. To apply for registration of a design, relevant materials that comply with regulations must be submitted to IMPI, including but not limited to the following:
(1) The applicant's full name, nationality, address, and email address;
(2) If the designer is not the applicant, the full name and address of the designer need to be provided;
(3) A concise and accurate design name and description of the product to which the design is applied;
(4) The images or photos related to the design need to be clear enough to facilitate understanding and disclosure of the design;
(5) Helps to understand the description of the design.
The date on which IMPI receives the design registration application will be considered as the application date. According to the provisions of the Federal Industrial Property Protection Act, the registration process of a design may, in appropriate circumstances, follow the application process for an invention patent. That is to say, IMPI will conduct a formal review of the application materials upon receipt. If any omissions or deficiencies are found in the materials during the formal examination, a notice will be issued, requiring the applicant to provide necessary explanations, clarifications, or supplement the missing content within 2 months. If the applicant fails to provide an explanation or supplement within the prescribed period and meets the legal requirements, the registration application for the design will be deemed abandoned.
The design registration application that has passed the formal examination will be made public by IMPI.
After the publication of the design registration application, IMPI will issue a notice of approval for registration to the applicant. The applicant is required to pay the registration fee within 2 months. Failure to pay within the prescribed period will be considered as waiver. The appearance design registration application that is paid and submitted with payment vouchers within the prescribed period will be approved and published by IMPI in the official gazette.