Here at Brealant we will help you with the registration process of your patent in Mexico!
The whole registration process will be managed by our team located in Mexico City, and with this we can assure you that our service will be the most complete and clean, as well as allowing you to communicate directly with our experts in trademark registration. We have experts in Intellectual Property that will clarify any information you need.
Registration process for a patent in Mexico
A patent is the right of exclusivity granted by the State over an invention. The patent application is filed with the Mexican Institute of Industrial Property through a technical document that describes the technological progress of the invention. These are valid for 20 years from the date of submission of the application and are subject to the payment of annual fees for the conservation of rights. It should be noted that the protection is valid only in Mexico.
Patents are a human creation that allows the transformation of matter or energy existing in nature, for the use of humans and meeting their specific needs. Patentable inventions can be products, processes or uses of human creation that meet the following requirements:
Novelty: it is considered new everything that is not in the state of the art.
State of the art: The state of the art is the set of technical knowledge that has been made public through an oral or written description, by exploitation or by any other means of dissemination or information, whether in the same country or abroad. That is, worldwide.
To know the state of the art, the technological search service in international databases is recommended, this service is additional to the registration process. It is advisable to conduct a search of the state of the art, since around the world there are millions of published applications and inventions that could be part of the state of the art of your invention, and at certain times, some reference or confirmation of problems could affect the novelty or inventive activity, thereby preventing its patentability.
Inventive activity: it is the creative process of the invention, that is to say that the results investigated are not deduced from the state of the art in an obvious way.
Industrial application: it is the possibility of commercializing the product or that can be used in any economic industrial branch.
The registration process has a duration of 3 to 5 years.
In Mexico it is possible to register as additional patents industrial designs, which may be models or drawings; and to the integrated circuit layout schemes. However, if the invention relates to an improvement in a device, device or tool, it has to be registered as a utility model, as long as it complies with the following requirements:
The products that can be protected by the registration of a utility model are those that do not reach a technological development similar to that of a patent, primarily in terms of the requirement of inventive activity, potentially the modification that has made a different functionality or an improvement that a product had. In other words, it is an improvement that changes an already known invention, gives new utility or advantage to the existing invention.
The duration of the registration process is less than one patent, and is of about 1 year and a half.
Among the things that cannot be patented according to the law, there are specifically biological processes for the production, reproduction and propagation of plants and animals; biological and genetic material as found in nature; animal breeds; the human body and the parts that compose it, and vegetable varieties; neither can theoretical and scientific principles be patentable; computer programs (which are part of the copyright); methods to perform mental acts, games or business, and mathematical methods.
The general procedure includes the following steps:
1. Formal examination: Once the application has been submitted, the examination is carried out to verify that the documents and the required information are properly integrated in the patent application file. It may be required up to two times for the user to correct their omissions. Once the formal examination is finished, only in the case of patent applications, the application will be published. Utility models go directly to the substantive examination. The publication of the patent application will be carried out once the formal examination has been accredited, as soon as possible after 18 months of the date of filing the application, or by the request of the applicant to publish it in advance.
2. Publication in the gazette: Once the application is published, within the following 6 months, the IMPI may receive information from any person regarding whether the application complies with the Law of Industrial Property; The Institute may or may not consider such documentation as technical support for the substantive examination, however, it is not obliged to decide on the scope of it. Applicants will be given a view of the documents provided, so that if they consider it appropriate, they will present their arguments according to their right to agree. The presentation of this information does not suspend the process, nor does it grant personality to an interested party or third party to the person presenting it.
3. Substantive examination: At this stage it will be verified if the invention is patentable or registrable according to the requirements established in the laws. It is possible to receive up to four requirements so that the applicant complies with the applicable legal provisions. Once the substantive examination has begun, the application process must not exceed five years for patents. If the application meets the requirements of patentability, the applicant is notified to proceed with the payment for the fee corresponding to the issuance of title and the first five annuities or the first annuity, as the case may be, as well as submitting the drawings of the invention (if any) for the publication in Gazette.