Patent Filing in Mexico: A Comprehensive Guide to the Mexican Patent Filing Process
Mexico has become a vital destination for innovators seeking to protect their inventions in Latin America. With a strong industrial base, participation in major trade agreements, and a modernized patent system managed by the Mexican Institute of Industrial Property (IMPI), the country offers solid protection for technological innovations. This guide explains the complete Mexico patent filing process, including available patent types, national and PCT national phase routes, examination procedures, timelines, and key strategic considerations to help you secure effective patent protection in Mexico.
Table of Contents
Why It Is Important to File a Patent in Mexico
Filing a patent in Mexico protects your invention in one of Latin America’s largest and most industrialized economies. As a key manufacturing hub under the USMCA and other trade agreements, Mexico plays a central role in global supply chains, especially in automotive, electronics, pharmaceuticals, and energy sectors. A Mexico patent registration ensures that competitors cannot produce, import, or sell your technology without authorization, safeguarding your commercial advantage.
Beyond local protection, a patent in Mexico strengthens your regional IP footprint and can serve as a bridge to broader Latin American markets. The Mexican Patent Office (IMPI) also provides efficient enforcement options and cost-effective procedures, making Mexico an attractive jurisdiction for startups and global companies alike.
Overview of Patent Types in Mexico
Mexico’s patent system offers three main types of protection for intellectual property: Invention Patents, Utility Models, and Industrial Designs.
1. Invention Patents
An invention patent in Mexico grants exclusive rights over an invention’s functional or technical aspects, how it works or is made, for 20 years from the filing date (IMPI). This is the standard patent type, analogous to utility patents in the US, requiring that the invention be new, involve an inventive step, and be industrially applicable.
2. Utility Model
A utility model protects technical innovations that may not meet the higher inventiveness threshold of a patent. Utility models in Mexico are granted for 15 years from filing, with no renewal, and have no inventive step requirement, only
novelty and industrial applicability are needed (IMPI). They are typically used for improvements to existing products or simpler inventions, often limited to physical devices or tools, as processes and methods cannot be protected by utility models in Mexico.
3. Industrial Design
Industrial Designs protect the ornamental or aesthetic appearance of an article. In Mexico, industrial design registrations last 5 years from filing and can be renewed in 5-year periods for up to 25 years total (IMPI). Designs must be new and have an individual character, focusing on how a product looks rather than how it functions.
Key Insight
Mexico provides a range of IP protection types: Invention Patents for broad technical innovations, Utility Models for smaller-scale innovations without an inventive step, and Industrial Designs for product appearances, allowing applicants to choose the route that best fits their creation and business needs.
Mexico Standard Patent Process Timeline
The path from application to grant involves several stages in Mexico. Here’s a breakdown of the typical timeline and key milestones of the patent process:
In summary, the journey of a patent from application to granting in Mexico takes on average 3 to 4 years. The timeline begins at filing, after which the application undergoes formal checks. At the 18 months mark, the application is published, unless early publication was requested. Substantive examination often starts around or shortly after publication, and the first examination report is commonly issued roughly 2 to 3 years from the filing date. Applicants then respond to any objections, and if all goes well, a patent can be granted roughly 3–4 years after filing. Once granted, an invention patent in Mexico lasts 20 years from its filing date.
Patent Filing Routes in Mexico: Direct Filing vs PCT National Phase
When applying for a patent in Mexico, applicants can either file directly with IMPI (the Mexican Institute of Industrial Property) or enter via the Patent Cooperation Treaty (PCT) National Phase.
1. Direct National Filing or Paris Route
A direct national filing is typically used for local applicants or when pursuing protection only in Mexico, or when claiming priority from an earlier foreign application under the Paris Convention. If claiming foreign priority, the application must be filed in Mexico within 12 months of the priority date (IMPI).
The application can be initially filed in English or another language, but Spanish is the official language for applications in Mexico. If the translation is not provided, IMPI will issue an office action requiring a Spanish translation of the application typically within two months of filing (IMPI). In practice, this means you can file in another language to secure a filing date, but a Spanish translation must follow promptly. All required documents (application forms, description, claims, drawings, fees) must be submitted to receive a filing date, and if a foreign priority is claimed, a certified copy of the priority document is due within 3 months of the Mexican filing.
2. PCT National Phase Entry
For those pursuing international protection, Mexico is a contracting state of the PCT, so one can file a PCT application and later enter the national phase in Mexico. The PCT national phase entry deadline in Mexico is 30 months from the earliest priority date, with no extensions available (IMPI).
When entering the national phase, a Spanish translation of the PCT application is required. If the international application was in another language, you must furnish the Spanish translation (description, claims, abstract, and any text in drawings) upon entry or within a short period, usually 2 months, after the 30-month deadline (IMPI). Along with the translation, IMPI requires certain PCT documents (e.g. the international publication, search report, etc.) and payment of national filing fees.
Importantly, whether you file nationally or via PCT, the application will be treated similarly by IMPI once filed. Both routes converge into the same examination process at IMPI, and the filing date for a PCT national phase is the international filing date, which is used for the 20-year patent term calculation.
Key Insight
You can file a patent in Mexico either directly or through the PCT National Phase. The PCT route offers convenience when Mexico is one of many target countries but remember that Mexico requires a Spanish translation of your application. Always diarize the 30-month PCT deadline and 12-month Paris deadline to ensure timely entry into Mexico’s patent system.
Patent Filing Process in Mexico
The patent process before the Mexican Institute of Industrial Property (IMPI) follows a well-defined administrative path that ensures both legal certainty and technical rigor. It begins long before filing, with a proper evaluation of patentability, and continues through examination, publication, and maintenance.
Pre-Filing: Assessing Patentability
Before submitting an application, inventors should verify that their creation meets the three fundamental requirements of patentability established under Mexican law: novelty, inventive step, and industrial applicability (IMPI). The invention must be new worldwide, should not be obvious to a person skilled in the field, and must be capable of being produced or used in any branch of industry.
At this stage, it is always advisable to conduct a prior art search before filing a patent application, as it can help determine the novelty of the invention and guide the drafting of stronger claims. A prior search provides valuable insight into existing technologies and helps applicants make informed decisions before investing in the Mexico patent filing process. Patentarea offers professional patentability search services to assist inventors and companies in evaluating their innovations for more information, please visit here.
Required Documents
Applicants must prepare the technical documentation, known as the “memoria técnica” in Spanish, which includes the description, claims, abstract, and drawings. IMPI prescribes specific formatting rules, such as margins, line numbering, and presentation style, ensuring that the invention is disclosed in a clear, reproducible manner (IMPI). The description should define the invention’s technical field, background, and advantages, while the claims precisely state the elements for which protection is sought. Drawings, where applicable, must illustrate the invention schematically and use consistent numbering to correspond with the text.
If priority is claimed under the Paris Convention, the country, date, and number of the earlier application must be indicated at filing, and a certified copy of the priority document or a reference via WIPO’s Digital Access Service (DAS Code) must be provided (IMPI). Other documents, such as the Power of Attorney and assignments of rights, may also accompany the filing. All applications must ultimately be in Spanish, although IMPI may allow foreign-language submissions initially, provided a translation follows within the specified timeframe.
Publication
Once the formal examination is approved, the application is published in IMPI’s Gaceta de la Propiedad Industrial. For invention patents, publication occurs 18 months after the filing or priority date (IMPI). Applicants may also request early publication to accelerate subsequent examination.
Publication serves to make the invention publicly accessible and open to third-party observations. Within two months following publication, any person may submit technical information relevant to the patentability of the invention (IMPI). IMPI may consider such comments when performing its substantive examination, and the applicant is notified of any third-party submissions.
Examination
After the observation period closes, IMPI initiates the substantive examination automatically, there is no need to request it separately (IMPI). During this phase, an IMPI examiner evaluates whether the invention satisfies the core legal criteria of novelty, inventive step, and industrial applicability.
IMPI may issue one or more office actions, raising objections related to prior art, claim clarity, unity of invention, or other substantive issues. The applicant must respond within two months, though extensions can be requested (IMPI). Amendments are permitted, provided that they do not introduce new subject matter beyond the original disclosure.
Applicants may also take advantage of acceleration programs. Under the Patent Prosecution Highway (PPH), IMPI may expedite examination if the same invention has been found allowable by another participating patent office (such as the USPTO, EPO, or JPO). Additionally, Mexican nationals and institutions may request a domestic fast-track procedure by requesting early publication after passing the formal exam. Both mechanisms significantly reduce examination time without additional IMPI fees.
Granting
Once IMPI concludes that the application meets all patentability requirements, it issues a grant notification instructing the applicant to pay the title issuance fee and any outstanding maintenance fees covering the period from filing up to grant (IMPI). After payment, IMPI formally grants the patent and publishes the decision in the Gazette. A patent certificate is then issued, granting exclusive rights for the remainder of the term.
If the examiner maintains objections that cannot be overcome, IMPI may refuse the application. In such cases, the applicant may file for reconsideration or appeal under the procedures allowed by law.
Maintenance
Once granted, a Mexican patent remains valid for twenty years from the filing date, provided that maintenance fees are paid on time. IMPI requires annuities to be paid in five-year blocks, and payments are due during the anniversary month of the filing date (IMPI). If a payment is missed, there is a six-month grace period with a surcharge. Even if the patent lapses, IMPI allows a six-month rehabilitation period to restore rights by paying outstanding fees and penalties.
Post-grant, it is also important to record any assignments, licenses, or changes of ownership with IMPI to ensure that the register accurately reflects the patent holder’s current rights.
Key Insight
The full IMPI patent process typically spans three to four years from filing to grant, depending on complexity, workload, and applicant responsiveness. The first formal examination occurs within three months, publication follows at eighteen months, and substantive examination concludes within approximately five years at the latest. Applications using PPH or the national fast-track can obtain results considerably faster.
Strengthen Your Global IP Strategy with a Mexican Patent
Securing a patent in Mexico is a strategic move for innovators seeking protection in one of the world’s major manufacturing and export hubs. A Mexican patent complements protection obtained in the U.S., Europe, or Asia, ensuring full coverage along global supply chains.
The IMPI patent system, aligned with international standards and programs like the PCT and PPH, offers transparent, efficient procedures at competitive costs. Including Mexico in an international patent portfolio enhances market leverage, licensing opportunities, and enforcement capabilities across the Americas.
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References
- Instituto Mexicano de Propiedad Intelectual (IMPI). Guía sobre Invenciones: Patentes y Modelos de Utilidad. Available here. (Reviewed on October 2025)
- Instituto Mexicano de Propiedad Intelectual (IMPI). Guía de Usuario: Tratado de Cooperación en Materia de Patentes (PCT). Available here. (Reviewed on October 2025)
- Instituto Mexicano de Propiedad Intelectual (IMPI). Procedimiento Acelerado para Solicitudes de Patentes de Mexicanos. Available here. (Reviewed on October 2025)
- Instituto Mexicano de Propiedad Intelectual (IMPI). Procedimiento Acelerado para Solicitudes de Patentes de Mexicanos. Available here. (Reviewed on October 2025)
- Instituto Mexicano de Propiedad Intelectual (IMPI). Guía de Uso: Diseños Industriales. Available here. (Reviewed on October 2025)
- Instituto Mexicano de Propiedad Intelectual (IMPI). Tríptico: Patente en Línea. Available here. (Reviewed on October 2025)
- Instituto Mexicano de Propiedad Intelectual (IMPI). Colección Guías de Usuario. Available here. (Reviewed on October 2025)
