Patent Application in Mexico

Seamless Patent Protection in Mexico

Our team at Brealant manages your Mexican patent application end-to-end — from initial search and drafting through to filing and examination with IMPI — combining local agent expertise with careful technical translation so your invention gets the protection it deserves.

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Essential Guide to Patents in Mexico

Protecting Your Innovation with Brealant's Expertise

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Legal Definition of a Patent in Mexico
A patent application under the Ley Federal de Protección a la Propiedad Industrial is a request for exclusive rights to a new invention, examined by IMPI (Instituto Mexicano de la Propiedad Industrial) before grant.
Methods of Medical Treatment
Surgical, therapeutic, and diagnostic methods for humans or animals are generally excluded, though related devices and pharmaceuticals may be patentable.
Mere Business Methods
Purely abstract business methods, plans, or schemes without a technical contribution.

A Hassle-Free Patent Application Journey with Brealant

Contact
Discuss your invention and filing strategy with a Brealant patent agent.
Search
We conduct a prior art search to assess patentability before filing.
Quote
Receive a service quote tailored to your filing requirements.
Pay
Proceed with secure payment for the selected services.
File
We prepare the Spanish-language specification and lodge your application with IMPI.
Wait
Your application publishes around 18 months after filing, and substantive examination follows.
Response
Once examination concludes favourably, IMPI grants the patent.

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Clear, Simple Steps to Patentability

To be patentable in Mexico, an invention must be novel (not previously disclosed anywhere), involve an inventive step (not obvious to a person skilled in the art), and have industrial applicability — generally excluding pure discoveries, scientific theories, and methods of surgical or therapeutic treatment of humans or animals.

Safeguarding Your Innovation in Mexico — With Brealant by Your Side

A granted Mexican patent gives you the exclusive right to make, use, and sell your invention nationally for 20 years from the filing date, letting you commercialise, license, or enforce against competitors who copy the technology.

Limitations

What Cannot Be Patented in

Certain subject matter cannot be patented under Mexican law, including

Discoveries & Scientific Theories
Pure discoveries and abstract scientific or mathematical theories.
Methods of Medical Treatment
Surgical, therapeutic, and diagnostic methods for humans or animals are generally excluded, though related devices and pharmaceuticals may be patentable.
Mere Business Methods
Purely abstract business methods, plans, or schemes without a technical contribution.
Non-Novel Inventions
Anything already publicly disclosed anywhere in the world before the filing or priority date.
Obvious Variations
Inventions that don't involve an inventive step over existing technology.

IMPI examines every application to ensure it meets these patentability requirements before grant.

What a Patent Protects

A granted Mexican patent protects

The Invention Itself
The specific product, process, or method described and claimed in the specification.
Exclusive Commercial Rights
Your exclusive right to make, use, sell, or import the invention in Mexico.
Licensing Opportunities
The ability to license the invention to others for royalties or other commercial terms.
Enforcement Standing
Your standing to pursue infringement action, before IMPI and the courts, against unauthorised use of the invention.

By partnering with patent experts in Mexico, you can ensure your innovation is properly protected from filing through to grant.

Timeline for Patent Application in Mexico

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The application process typically involves

Filing
The application, with a Spanish-language specification, is lodged with IMPI, claiming priority if applicable.
Publication
The application publishes around 18 months after filing, opening a period for third parties to file technical observations.
Substantive Examination
IMPI reviews the application against novelty, inventive step, and industrial applicability, issuing office actions if objections arise.
Grant
Once objections are resolved, IMPI grants the patent and issues the title.

Timelines vary with the technology and number of office actions, but Mexican applications commonly proceed from filing to grant over roughly 3 to 4 years.

Understanding Patent Application Costs in Mexico — Simplified with Brealant

The cost of a patent application depends on the complexity of the invention

Official Filing Fees
IMPI charges official fees at filing, on requesting or undergoing examination, and, once granted, for maintenance fees in Mexican pesos (MXN).
Professional fees
IMPI charges official fees at filing, on requesting or undergoing examination, and, once granted, for maintenance fees in Mexican pesos (MXN).

These costs represent a valuable investment in securing exclusive rights to your invention across Mexico.

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Continued Patent Protection in in Mexico — Supported by Brealant

Once granted, a patent requires ongoing maintenance fees and can be actively monitored for infringement. Brealant supports clients through renewal tracking, licensing, and enforcement, so the value of the granted patent is protected over its full 20-year term.

Frequently Asked Questions

Can I file directly in Mexico, or do I need a priority filing?

Both are possible — you can file directly in Mexico, or claim priority from an earlier foreign filing within 12 months under the Paris Convention, or enter via the PCT national phase.

How long does a patent last in Mexico?

20 years from the filing date, subject to paying maintenance fees.

How long does the approval process take?

Timelines vary with the technology and number of office actions, but Mexican applications commonly proceed from filing to grant over roughly 3 to 4 years.

Does my application need to be in Spanish?

Yes, the specification must ultimately be filed in Spanish; Brealant handles certified technical translation as part of the filing process.

What documents do I need to apply?

A technical description of the invention, any drawings or diagrams, details of the inventors and applicant entity, and details of any earlier priority filing, if claimed.

Who is entitled to file a patent application if an employee created the invention?

This depends on the employment relationship and any invention assignment agreement; Mexican law has rules allocating rights to employer-created inventions, which we can assess for your situation.

Are there reduced fees for individual inventors or small businesses in Mexico?

Yes, IMPI offers reduced official fees for certain applicant categories, such as individuals, universities, and small enterprises meeting specific criteria.

How much does it cost to file a patent application in Mexico?

Costs include IMPI's official filing fee, which varies by application type and applicant category, plus Brealant's professional fee, both of which we quote in advance.

When is my Mexican patent application published?

Applications are generally published 18 months from the filing or priority date, unless early publication is requested.

Can I request accelerated examination in Mexico?

In some circumstances yes, including through Patent Prosecution Highway agreements IMPI maintains with other offices, which Brealant can assess for your application.