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The main importance of the Mexican patent is that it is one of the best alternatives to target the Latin America market. Because of the population size and income per capita, may be the best option considering that this jurisdiction is also part of the PCT contracting states. As reference and according to WIPO, Mexico is the country of Spanish speaking language that has most patent filing of Latinoamerica.
Filling Timelines
The time limit for the PCT national phase entry in Mexico is 30 months from the earliest date of priority and 12 months for Direct Paris Route application.
The time limit for filing a design is 6 months from the earliest date of priority.
Required Documents
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
The formal and substantive examination is conducted automatically, and no additional fees must be paid beside the filing fees. It is possible to request accelerated examination under PPH under certain circumstances.
The examination is conducted automatically, and no additional fees must be paid beside the filing fees.
Granting
Once the patent is accepted for registration the applicant must proceed with the payment of the “Registration fees” along with the “Maintenance” first five years annuities within 2 months form the acceptance notice.
Once the design is accepted for registration, the applicant must proceed with the payment of the registration fees along with the first year’s annuities within 2 months from the decision to grant.
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A standard patent application process in Mexico can take between 3 and 5 years from the filing date. However, a PPH requested can be filed to potentially allow the applicant to reduce the examination time in more than a half. Contact us for additional information.
No, according to our experience is not possible.
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