Mexico

The United Mexican States (hereinafter referred to as "Mexico") is a United States with a total area of ​​1,958,000 square kilometers and a population of 1 million people (as of 2,601). The capital is Mexico City and the official language is Spanish.

Goldman Sachs, Inc. predicts that ``Mexico's GDP will rank fifth in the world around 2050, behind the United States, the People's Republic of China, India, and Brazil,'' and growth is expected to continue in the future. has been done.

 

 

　Table 1000 shows common items for each protection target. Mexican industrial property rights have many things in common with each jurisdiction in Japan, but the major differences are that a substantive examination system for utility models is adopted, a request for examination system is not adopted, and that computer programs are copyrighted. These include points that are protected by the National Rights Act. The language of the application is Spanish. Additionally, Mexico has a system of compulsory foreign representation for industrial property rights, and there are less than XNUMX professional agents in Mexico.

[Table XNUMX]

Mexico receives the most applications from the United States, followed by Europe. Overall, there are few applications from Japan.

Mexico is a party to the following international treaties related to industrial property rights.

 

 

Application procedure

The applicant, who is the inventor or his successor, submits the specification, claims, drawings, and abstract along with the application to the Patent Office.

Patent protection target/type

A patentable invention is a human creation that transforms a substance or energy that exists in nature into a form that can be used to meet a specific human need.

Types of patents include invention patents and method patents. Since 1992, pharmaceutical patents have been granted not only for manufacturing process patents but also for substance patents. Additionally, the amended law that came into effect on November 2020, 11 has made microorganisms and biological substances (isolated from the natural environment and obtained by technological means) subject to patentability.

However, the following items are not subject to patent protection:

Formality examination

The Patent Office conducts a formality examination and certifies the filing date if the formal requirements are met.

Application publication

The application will be published as soon as possible after 18 months from the filing date and examination will begin immediately.

substantive examination

A substantive examination will be conducted by requesting the submission of examination results reports from Mexican specialized agencies, the Mexican Industrial Property Organization, foreign patent offices, etc. Absolute novelty is adopted. Items that have no industrial applicability or that may violate public order and morals cannot be patented. Additionally, double patenting is prohibited.

office action

If a defect in the invention is found as a result of the substantive examination, the applicant will be ordered to comply with the requirements of the Patent Office within two months, or the application will be deemed abandoned. If the application is refused, the applicant will be notified in writing indicating the legal grounds and reasons for the refusal. An appeal can be filed against a decision rejecting an application within 2 days from the date of notification of the decision.

Occurrence of patent rights

If it is determined that a patent can be granted as a result of the substantive examination or trial, the applicant will be notified to pay the patent fee. If the patent fee is not paid within the period, the patent will be deemed abandoned. When a patent is granted, the contents of the patent are published in the official gazette.

Change of application

A patent applicant may convert a patent application into a utility model registration application or a design registration application. However, this period is limited to three months from the date of the patent application or three months from the date of the request for change from the Patent Office.

Division of application

①A divisional application in Mexico may be filed within the following period.

・Can be submitted when responding to an Office action in which the reason for refusal of lack of unity is pointed out. The deadline is within two months from receipt of the Office action, and an extension of another two months is possible upon request from the applicant.

- Voluntary divisional applications may be filed at any time during the Mexican patent application process and until the patent is granted.

② Unless the Patent Office points out a violation of unity, a divisional application (grandchild application) from a divisional application (child application) will not be recognized.

Invalidation trial

In the case of erroneous registration, etc., a request for trial to invalidate the patent can be filed.

Examination period

The average processing time from application to registration is less than three years.

Duration

The term of a patent is 20 years from the filing date. Although there is no system for extending the term, there are cases where extension is permitted under case law.

Adjustment of patent term

If there is an unreasonable delay of more than five years between the filing date and the patent grant date, and the delay is attributable to the Patent Office, the patent term may be adjusted for up to five years at the request of the applicant. (revised law effective November 2020, 11).

Computer software protection

Computer programs are protected by copyright law in the same way as literary works. Software is not considered an invention.

PPH with Mexican Institute of Industrial Property (IMPI)

From July 1, 2013, a PPH enforcement program has also started between Japan and Mexico.

The documents required to apply for PPH to Mexico are the same as for PPH programs with other countries that Japan has concluded. Specifically, in addition to the PPH application form,

must be submitted.

Translations in ① and ② above are limited to Spanish due to legal restrictions. However, if the Mexican Property Rights Office can refer to those documents in Japanese and English through the Document Reference System (AIPN) that the Japan Patent Office provides to patent offices of other countries, including the Mexican Property Rights Office. In such cases, the submission of such documents can be omitted when applying for PPH.

About information provision

There is a system for pre-grant information provision and post-grant information provision.

① Any person may provide pre-grant information and post-grant information.

(2018) Pre-grant information may be provided within two months from the publication date of the patent application. There are no specific regulations regarding the period during which information can be provided after a patent is granted (according to the revised law that came into effect on April 4, 27, the period for submission of prior art by a third party after publication of an application has changed from XNUMX months to XNUMX months). (shortened to XNUMX months).

Correction limitations

- Spontaneous amendments are allowed only before a decision to grant or reject the patent is issued.

- Spontaneous amendments are limited to limiting the subject matter, deleting claims, and adding dependent claims.

- No amendments to the patented subject matter are allowed during the pendency of proceedings concerning the validity or registration of the patent.

grace period

If the inventor or applicant discloses the content of the invention in practice or at an exhibition at home or abroad, a grace period of one year is allowed from the date of the disclosure.

Bolar clause

Patent rights do not extend to the manufacture, sale, or importation of a patented product by a third party to obtain the experimental information needed to obtain pharmaceutical approval.

Partially invalid

Partial invalidity of the patented subject matter can be declared after administrative proceedings.

 

 

Application procedure

The applicant, who is the inventor or his successor, submits the specification, claims, drawings, and abstract along with the application to the Patent Office.

Protection target

Objects, appliances, devices and tools which, as a result of a change in arrangement, form, structure or shape, provide a different function for their components or a different advantage for their use, are the subject of utility models.

Formality examination

The Patent Office conducts a formality examination and certifies the filing date if the formal requirements are met.

Application publication

According to the revised law that came into effect on April 2018, 4, utility model registration applications can be published in the public gazette if they meet the formal requirements.

substantive examination

A substantive examination will be conducted by requesting the submission of examination results reports from Mexican specialized agencies, the Mexican Industrial Property Organization, foreign patent offices, etc. Similar to patents, absolute novelty is used. Additionally, items that have no industrial applicability or that may violate public order and morals cannot be registered.

office action

If a defect in the invention is found as a result of the substantive examination, the applicant will be ordered to comply with the requirements of the Patent Office within two months, or the application will be deemed abandoned. If the application is refused, the applicant will be notified in writing indicating the legal grounds and reasons for the refusal. An appeal can be filed against a decision rejecting an application within 2 days from the date of notification of the decision.

Occurrence of utility model right

If it is determined that utility model registration can be granted as a result of the substantive examination or trial, the applicant will be notified to pay the registration fee. If the registration fee is not paid within the period, the utility model registration will be deemed abandoned. Once a utility model is registered, the details of the utility model will be published in the official gazette.

Change of application

An applicant for utility model registration may convert a utility model registration application into a patent application or design registration application. However, this period is limited to three months from the date of the utility model registration application or three months from the date of the request for change from the Patent Office.

Invalidation trial

As in the case of patents, in cases of erroneous registration, etc., it is possible to request a trial to invalidate the utility model registration.

Duration

The duration of a utility model is 15 years from the filing date (revised law effective November 2020, 11).

 

 

Application procedure

The applicant, who is the originator or his successor, may file an application stating the type of article for which the design or model will be used, a specification describing only the external appearance of the design (without reference to its internal structure and function), and a description of the article. Submit a title followed by a claim stating "as described and drawn" and a drawing or photograph to the Patent Office.

Formality examination

The Patent Office conducts a formality examination and certifies the filing date if the formal requirements are met.

substantive examination

A substantive examination will be conducted by requesting the submission of examination results reports from Mexican specialized agencies, the Mexican Industrial Property Organization, foreign patent offices, etc. Applications filed after October 1994, 10 are subject to absolute novelty, similar to patents. Additionally, items that have no industrial applicability or that may violate public order and morals cannot be registered.

office action

If a defect in the design is found as a result of the substantive examination, the applicant will be ordered to comply with the requirements of the Patent Office within two months, or the application will be deemed abandoned. If the application is refused, the applicant will be notified in writing, indicating the legal grounds and reasons. An appeal can be filed against a decision rejecting an application within 2 days from the date of notification of the decision.

Occurrence of design rights

If, as a result of the substantive examination or trial, it is determined that design registration can be granted, the applicant will be notified to pay the registration fee. If the registration fee is not paid within the period, the design registration will be deemed abandoned. Once a design registration is granted, the contents of the design will be published in the official gazette.

Change of application

An applicant for design registration may convert an application for design registration into a patent application or utility model registration application. However, this period is limited to three months from the date of the application for design registration or three months from the date of the request for change from the Patent Office.

Invalidation trial

As in the case of patents, in cases of erroneous registration, etc., a request for trial to invalidate the design registration can be filed.

Duration

The term of a design is 15 years from the filing date.

 

 

Application procedure

An application in which the applicant states the applicant's name, the applicant's address, the applicant's nationality, the nature of the goods or services for which the trademark or service mark is used, and the date of first use of the trademark in Mexico or whether it has not yet been used. , as well as a trademark sample and power of attorney to the Patent Office.

Formality examination

The Patent Office conducts a formality examination and certifies the filing date if the formal requirements are met.

substantive examination

A substantive examination will be conducted regarding distinctiveness and similarity to prior trademarks.

office action

If grounds for refusal are found as a result of the substantive examination, the applicant will be ordered to comply with the requirements of the Patent Office within two months, and if the applicant does not comply, the application will be deemed abandoned.

Application announcement

Publication of applications will now be made within 10 business days from the filing date.

Objection

The opposition period is one month from the day after the publication of the application, and any person can file an opposition.

Occurrence of trademark rights

If it is determined that trademark registration can be granted as a result of the substantive examination or trial, the applicant will be notified to pay the registration fee. If the registration fee is not paid within the period, the trademark registration will be deemed abandoned. Once trademark registration is granted, the details of the trademark will be published in the official gazette.

Invalidation trial

As in the case of patents, in cases of erroneous registration, etc., a request for trial to invalidate the trademark registration can be filed.

Duration

The term of trademark is 10 years from the filing date. Trademark rights can be renewed every 10 years by filing a renewal application six months before the expiry of the 6-year term.

Non-use cancellation trial

If the property has not been used continuously for three years or more, a request for cancellation of non-use can be filed.

declaration of use

Submission is required three years after the registration date and at the time of renewal (*proof of use is not required). It is also possible to voluntarily submit the document at any time, but it is recommended to submit it every three years to avoid a non-use revocation judgment.

 

 

Mexican Patent Office HP:http://www.impi.gob.mx

 

 

 

Patent attorney specialist　　Bearded Yoshiaki

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