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HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Developing Countries
(BRICs, VISTA, et cetera)
Patent engineering staff specialized in patent affairs : Yoshiaki HIGE
Patent engineering staff specialized in patent affairs : Tomoki HOSOTANI
Design/trademark staff specialized in design/trademark affairs : Tomoharu ISHIGURO
OSAKA HEAD OFFICE [TEL]
OSAKA HEAD OFFICE [FAX]
TOKYO HEAD OFFICE [TEL]
TOKYO HEAD OFFICE [FAX]
E-mail
: + 81-6-6351-4384
: + 81-6-6351-5664
: + 81-3-3433-5810
: + 81-3-3433-5281
:
     
     

Information on intellectual property in Mexico



1. Brief introduction

The United Mexican States, commonly referred to as Mexico, are a federative state with a total area of 1,958,000 square meters and a population of about 91.26 million inhabitants. The capital of the country is Mexico City, and its official language is Spanish.

The country is expected to experience a high-level growth in the coming years. In a ranking of estimated GDP size in 2050 established by Goldman Sachs, Mexico stood in 5th position, behind the USA, the People’s Republic of China, India and Brazil.


2. Outline of the intellectual property system in Mexico

The following table illustrates the different types of intellectual property protection available in Mexico. While the intellectual property system in Mexico is similar in many respects to the system pertaining in Japan, it also features major differences, such as the fact that the utility model system includes a substantial examination, the absence of a request for examination, or the protection of computer programs under copyright law. The language used throughout the application process is Spanish. Further, Mexican intellectual property law compels foreign applicants to request the service of a local representative. Less than 1,000 individuals are specialized representatives.


  Patent Utility model Design Trademark
Local Representative ? Required
Language Spanish
Substantive examination ? Yes
Request for examination ? No
Application disclosure Yes No
(post-grant publication)
No
(post-grant publication)
No
(post-grant publication)
Term 20 years from filing date(no extension possible in principle) 10 years from filing date 15 years from filing date 10 years from filing date(renewal possible)
Invaliditytrial ? Yes

Mexico receives a high number of applications from US applicants, followed by applications from European applicants. Meanwhile, the number of applications filed by Japanese applicants is comparatively low.


The country is a contracting party to the following international treaties:

  • Paris Convention for the Protection of Industrial Property
  • Convention Establishing the World Intellectual Property Organization
  • Patent Cooperation Treaty (PCT)
  • Strasbourg Agreement Concerning the International Patent Classification
  • General Agreement on Tariffs and Trade (GATT) and Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms
  • North American Free Trade Agreement (NAFTA)
  • Berne Convention for the Protection of Literary and Artistic Works
  • Conventions for the protection of neighboring rights
  • Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
  • Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

3. Patent system in Mexico

1) Filing procedures

To file a patent application, the applicant, that is the inventor or his/her successor, must file a specification, claims, drawings and abstract along with the application request.

2) Object and types of patent protection

According to the Industrial Property Law of Mexico, “any human creation that allows matter or energy existing in nature to be transformed for utilization by man for the satisfaction of his specific needs” is considered an invention and is therefore eligible for patent protection.

There are two types of patents in Mexico: invention patents and method patents. In 1992, medical drugs, which could previously only be protected as manufacturing method patents, became eligible for protection as material patents as well.

The following are not eligible to patent protection:

a) essentially biological processes for obtaining, reproducing and propagating plants and animals

b) biological and genetic material as found in nature

c) animal breeds

d) the human body and the living matter constituting it

e) plant varieties

3) Formal examination

The IMPI (i.e. the intellectual property office of Mexico) undertakes a formal examination of each new application, whose filing date it then acknowledges if formal requirements are met.

4) Disclosure of application

Following the end of an eighteen-month period from the filing date, the application is disclosed and substantive examination begins as early as possible.

5) Substantive examination

The IMPI undertakes a substantive examination after requesting the submission of the search reports from foreign patent offices. Mexican industrial property law follows the principle of absolute novelty. Further, inventions having no industrial applicability or likely to injure public morality or order are not patentable.

6) Office Actions

If the invention is found during the substantive examination to have a defect, the applicant is instructed to respond to the demands of the IMPI within two months. If the applicant fails to respond, the application is refused. When an application is refused, a notification stating the legal grounds and the reasons for the refusal is sent to the applicant. At this point, the applicant has the possibility to react to the decision of refusal by filing an appeal within thirty days from the date of the notification.

7) Entry into force of the patent right

When the IMPI has decided, based on the results of the substantive examination or of the appeal proceedings, that the application should be granted a patent, the applicant is instructed to remit the related registration fee. If the registration fee is not remitted during the prescribed period, the patent is dismissed. Following registration, the contents of the newly granted patent are disclosed in the official gazette.

8) Conversion of application

The applicant has the possibility to convert the patent application into a utility model application or a design application. However, such a conversion can be undertaken only within three months from the filing date of the patent application or from the date on which the IMPI demanded the applicant to convert the patent application.

9) Invalidity trial

It is possible to request to the IMPI the invalidation of a patent which has been mistakenly registered.

10) Duration of examination

It takes about three years in average from filing to registration.

11) Patent term

The patent term is of twenty years from the filing date. While there is no extension system of the patent term per se, there have been precedents in which an extension was granted.

12) Protection of computer programs

Computer programs are protected by copyright law, similarly to literature works.



4. Utility model system in Mexico

1) Filing procedures

To file a utility model application, the applicant, that is the inventor or his/her successor, must file a specification, claims, drawings and abstract along with the application request.

2) Object of protection as utility model

The Industrial Property Law of Mexico states that “objects, utensils, appliances or tools which, as a result of a modification in their arrangement, configuration, structure of form, offer a different function with respect to their component parts or advantages with respect to their use shall be considered utility models”.

3) Formal examination

The IMPI undertakes a formal examination of each new application, whose filing date it then acknowledges if formal requirements are met.

4) Substantive examination

The IMPI undertakes a substantive examination after requesting the submission of the search reports from foreign patent offices. Mexican industrial property law follows the principle of absolute novelty. Further, inventions having no industrial applicability or likely to injure public morality or order are not registrable.

5) Office Actions

If the invention is found during the substantive examination to have a defect, the applicant is instructed to respond to the demands of the IMPI within two months. If the applicant fails to respond, the application is refused. When an application is refused, a notification stating the legal grounds and the reasons for the refusal is sent to the applicant. At this point, the applicant has the possibility to react to the decision of refusal by filing an appeal within thirty days from the date of the notification.

6) Entry into force of the utility model right

When the IMPI has decided, based on the results of the substantive examination or of the appeal proceedings, that the application should be registered as a utility model, the applicant is instructed to remit the related registration fee. If the registration fee is not remitted during the prescribed period, the registration is cancelled. Following registration, the contents of the newly registered utility model are disclosed in the official gazette.

7) Conversion of application

The applicant has the possibility to convert the patent application into a utility model application or a design application. However, such a conversion can be undertaken only within three months from the filing date of the patent application or from the date on which the IMPI demanded the applicant to convert the patent application.

8) Invalidity trial

As is the case with patents, it is possible to request to the IMPI the invalidation of a utility model which has been mistakenly registered.

9) Term

The term of a utility model is of ten years from the filing date.



5. Design system in Mexico

1) Filing procedures

To file a design application, the applicant, that is the creator of the design or his/her successor, must file an application request describing the type of product on which the design or model is used, along with a specification describing the exterior appearance of the design (it is not required to describe its internal structure and functions), claims including, after the product name, the statement “as described and shown in the drawings”, and drawings or photographs.

2) Formal examination

The IMPI undertakes a formal examination of each new application, whose filing date it then acknowledges if formal requirements are met.

3) Substantive examination

The IMPI undertakes a substantive examination after requesting the submission of the search reports from foreign patent offices. Mexican industrial property law follows, for applications filed on or after October 1, 1994, the principle of absolute novelty, as is the case with patents. Further, designs having no industrial applicability or likely to injure public morality or order are not registrable.

4) Office Actions

If the applied-for design is found during the substantive examination to have a defect, the applicant is instructed to respond to the demands of the IMPI within two months. If the applicant fails to respond, the application is refused. When an application is refused, a notification stating the legal grounds and the reasons for the refusal is sent to the applicant. At this point, the applicant has the possibility to react to the decision of refusal by filing an appeal within thirty days from the date of the notification.

5) Entry into force of the design right

When it has been decided, based on the results of the substantive examination or of the appeal proceedings, that the application should be registered as a design, the applicant is instructed to remit the related registration fee. If the registration fee is not remitted during the prescribed period, the registration is cancelled. Following registration, the contents of the newly registered design are disclosed in the official gazette.

6) Conversion of application

The applicant is able to convert the design application into a patent application or a utility model application. However, such a conversion can be undertaken only within three months from the filing date of the design application or from the date on which the IMPI demanded the applicant to convert the design application.

7) Invalidity trial

As is the case with patents, it is possible to request to the IMPI the invalidation of a design which has been mistakenly registered.

8) Term

The term of a design is of fifteen years from the filing date.



6. Trademark system in Mexico

1) Filing procedures

To file a trademark application, the applicant must file an application request stating the applicant’s name, address and nationality and including a description of the product(s) or service(s) using the applied-for trademark or service mark, as well as a sample of the trademark.

2) Formal examination

The IMPI undertakes a formal examination of each new application, whose filing date it then acknowledges if formal requirements are met.

3) Substantive examination

The IMPI undertakes a substantive examination of the trademark application to verify its distinctiveness and its similarity with existing trademarks.

4) Office Actions

If reasons to refuse the applied-for trademark are found during the substantive examination, the applicant is instructed to respond to the demands of the IMPI within two months. If the applicant fails to respond, the application is refused.

5) Entry into force of the patent right

When it has been decided, based on the results of the substantive examination or of the appeal proceedings, that the application should be registered as a patent, the applicant is instructed to remit the related registration fee. If the registration fee is not remitted during the prescribed period, the registration is cancelled. The contents of the newly registered trademark are disclosed in the official gazette.

6) Invalidity trial

As is the case with patents, it is possible to request to the IMPI the invalidation of a trademark which has been mistakenly registered.

7) Term

The term of a design is of ten years from the filing date. It is possible to obtain a ten-year renewal by filing an application for renewal in the six months prior to the expiration of the ten-year term. The submission of documents proving that the trademark is in use is not required.



7. Reference

Website of the IMPI: http://www.impi.gob.mx


Patent and Trademark Attorney


Patent&Trademark Attorney
Specialist
Yoshiaki HIGE
Yoshiaki HIGE Yoshiaki HIGE, born in 1977, obtained a bachelor of Biology from Konan University. His specialty covers Biotechnology and Life Engineering.

The surrounding of intellectual property changes day by day.
I will take prompt action in response to the change and put emphasis on communications with clients. With such attitudes, I will provide more satisfactory services than expected. I will come into line with you to sincerely support you in exploitations of your ideas.
Doctor of Engineering
Specialist
Tomoki HOSOTANI
Tomoki HOSOTANI Tomoki HOSOTANI, born in 1972, acquired PhD in Engineering in Hiroshima University. His fields of research include Molecular Biology, Genetic engineering, and Biochemistry. His expertise covers Biotechnologies in general.

As the biotechnology fields showing remarkable progress in recent years, intellectual property rights are increasingly becoming significant. It is my pleasure to learn the latest technology, and to use my expertise to provide services that meet your needs.
Tokyo Legal Department General Manager / Tokyo Legal Department Design Division Manager
Patent&Trademark Attorney
Researcher
Tomoharu ISHIGURO
Tomoharu ISHIGURO Mr. ISHIGURO, born in 1980, is a bachelor of economics
He is mainly in charge of Trade Mark, Design, and Unfair Competition Prevention Act.

I would like to build such a relationship with clients that the clients can ask for consultation without hesitation, by maintaining mutual exchange of views on regular basis. I will continue to devote myself to:

• Speedy commitment for satisfaction of clients
• Result truly desired by clients

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