Any business that owns a patent and desires to expand in the Mexican market, build long-term value, attract investors for their invention, or eventually license their patents should make use of the Mexican patent system. It is crucial for companies to submit a patent application in Mexico for inventions, even if the corresponding product has not yet begun to be marketed there.
Mexican patent filing requirements
The official language of Mexican patent applications is Spanish. Applications may be submitted in any other foreign language; however, the Spanish translation must be filed within 60 days of the Mexican patent application.
The following information and documents must be provided in the Mexican patent application:
- inventor(s) and applicant(s) full name, address and nationality;
- patent titles, abstracts, claims, and drawings;
- payment of official fees.
If priority is claimed, a certified copy of the Priority Document must be filed with the Mexican Patent Office within a non-renewable period of three months from the date of filing.
The original Power of Attorney (POA) must be provided with the application if it is filed in person. For electronically filed applications, a scanned POA will be approved. If the Patent Office publishes a notice asking it, a late filing of this document is authorized within two months of the filing date. The issuer and two witnesses must sign the POA. This document does not need to be certified or legalized.
Examination of patent applications in Mexico
A formal and substantial examination will be required for all Mexican patent applications. The examination of the content will begin immediately. The application examination process is free of any additional requirements or fees. It is possible to request accelerated PPH due diligence.
Patent validity and renewal
Patents in Mexico are valid for 20 years from the date of filing. Patent fees and patent maintenance fees for the first five years must be paid within two months of receipt of the Notice of Grant.
Every five years, maintenance fees for the following years must be paid. It’s possible to pay the yearly maintenance fees on an accrual basis. If another charge is due, this cost may be extended for up to six months after the due date.
International applicants for Mexican patents should consult a law office and an experienced patent attorney to conduct a patent search in Mexico.
You can see a list of Mexico IP Firms here