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Whether you're acquiring a patent, restructuring a business, or transferring rights between related entities, the change of ownership needs to be properly documented, often notarised or apostilled, and recorded with IMPI. Our team at Brealant handles the assignment paperwork and the recordal.
What Patent Assignment Involves
Assignment, under the Ley Federal de Protección a la Propiedad Industrial, is the legal transfer of ownership of a patent or patent application from one party to another.
Doesn't Renew the Patent
Assignment and renewal are separate processes — a transferred patent still needs its maintenance fees paid on schedule.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.
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Contact
Tell Brealant about the patent(s), the parties, and the nature of the transfer.
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Search
We confirm the current registration details and ownership status on the IMPI register.
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Quote
Receive a fixed-fee quote based on the number of patents involved.
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Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed, arranges any required apostille and Spanish translation, and files the recordal request with IMPI.
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Wait
IMPI processes the recordal and updates the register.
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Response
You receive confirmation once ownership is updated on the register.
In Mexico, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, properly legalised or apostilled and translated where the parties are foreign, followed by a recordal request to IMPI, is the clearest way to make sure the change of ownership is properly reflected and enforceable.
An unrecorded change of ownership can create uncertainty about who can enforce or license the patent, and may weaken the new owner's position in a dispute before IMPI or the courts. Brealant keeps the register accurate and the new owner's rights clearly established.
Recordal is important, but it has limits
Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Renew the Patent
Assignment and renewal are separate processes — a transferred patent still needs its maintenance fees paid on schedule.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.
Brealant flags any of these issues during the assignment process so nothing is missed.
A properly recorded assignment protects
The New Owner's Rights
Clear, documented legal ownership recognised by IMPI.
Enforcement Ability
The new owner's standing to pursue infringement action based on the patent.
Deal Certainty
The commercial transaction — acquisition, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the patent as security without ownership disputes.
Brealant makes sure every assignment is properly documented so these protections are secured.
The assignment process typically follows these stages
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Instruction
You confirm the patents, parties, and transaction details with Brealant.
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Drafting & Legalisation
We prepare or review the deed of assignment and arrange any required apostille and translation.
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Execution
The assignor and assignee sign the documentation.
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Recordal
We file the recordal request, and IMPI updates the register.
Once properly legalised documentation is filed, IMPI typically records the change of ownership within a few weeks to a couple of months.
Assignment costs are modest relative to the transaction they support
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IMPI charges a modest official fee per patent, in Mexican pesos, to record an assignment.
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IMPI charges a modest official fee per patent, in Mexican pesos, to record an assignment.
These costs are a small part of protecting the value of the IP asset being transferred.
Once the assignment is recorded, Brealant can take over ongoing maintenance tracking, monitoring, and enforcement for the new owner, so the transition is seamless.
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It isn't required for the transfer to be valid between the parties, but recording it is important for the new owner to be recognised and to protect their position against third parties.
Yes, both pending applications and granted patents can be assigned.
Foreign-executed assignment documents generally need to be apostilled or legalised, and translated into Spanish, before IMPI will record them.
Yes, we regularly coordinate Mexican recordals alongside assignments of corresponding patents in other jurisdictions.
Once properly legalised documentation is filed, IMPI typically records the change of ownership within a few weeks to a couple of months.
Yes, licensing keeps ownership with you while granting usage rights to another party, and recording the license with IMPI helps protect both sides' interests.
IMPI charges an official recordal fee, plus Brealant's fixed professional fee for preparing and filing the documentation — we quote both in advance.
Typically a signed assignment agreement, apostilled or legalized as needed, a Spanish translation, and details of both parties and the patent or application involved.
It can be valid between the parties, but recording protects the new owner's position against third parties and keeps IMPI's records accurate.
Yes, a single assignment agreement can cover multiple patents or applications, which Brealant can record with IMPI together or separately as needed.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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