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Patent requirements

Mexico

Mexico patent application requirements and general information

Below you will be able to review the main patent application requirements for out services and you will find also a brief explanation of the main stages of the patent process in Mexico.

1.- Mexico Patent application Requirements

– Patent Filing service form.
– Patent specifications (abstract, description, claims and drawings) in Spanish and in Word format.
– Copy of any amendment made to the patent specifications if it applies.
– Copy of the priority document, PCT application number or ISR (International search report) if it applies.
– Payment upfront.
– Power of attorney. The template of this document will be sent once the service request is confirmed.

2.-General information of the patent process in Mexico

-Priority: The time limit for the PCT national phase entry is 30 months from the earliest date of priority. For national filings (non-PCT) the term for filing the application claiming conventional priority is 12 months from the priority date. Restoration of this term is not available in Mexico.

-Examination: The formal and substantive examination is automatically and no additional fees must be paid. The substantive examination process can last 24 months.
In Mexico it is possible to request an accelerated examination under the PPH (Patent Prosecution Highway).

-Patent Grant: Once the patent is accepted for registration the applicant must proceed with the payment of Patent Grant fees along with the Maintenance first five years annuities within 2 months form the acceptance notice. Once the patent certificate is issued we will forward it to the client.

-Maintenance: The following annuities will be due every five years from the filing date for non PCT application and from the international date for PCT applications.

-Patent term: 20 years from the date of filing of the application.

 

For further information feel free to contact us or you can also visit the local Intellectual Property Office of Mexico trough the following link:

https://www.gob.mx/impi

 

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