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Once your application publishes, IMPI's substantive examination tests it against novelty, inventive step, and industrial applicability — and any objections raised arrive as an office action you must answer within a set deadline. Our team at Brealant manages both stages, from monitoring the examiner's review to preparing the response.
What Examination Involves
Substantive examination is IMPI's review of a patent application against novelty, inventive step, and industrial applicability under the Ley Federal de Protección a la Propiedad Industrial, beginning once the publication and third-party observation period closes.
Capped Office Actions
IMPI may issue at most two office actions per application before deciding the case, which limits how many rounds of amendment are available.
Fundamental Novelty Issues
A response can't overcome prior art that genuinely anticipates the invention as claimed.
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Contact
Discuss your application's status and strategy with a Brealant patent agent.
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Search
We review the examiner's cited prior art and any objections raised in detail.
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Quote
Receive a service quote tailored to the complexity of the case and any objections.
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Pay
Proceed with secure payment for the selected services.
File
We prepare written submissions and any claim amendments, and lodge the response before the deadline.
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Wait
We monitor for further office actions or a decision from IMPI.
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Response
You receive the examiner's decision — acceptance, a further office action, or grant.
In Mexico, substantive examination begins once the 18-month publication and two-month third-party observation period have closed. Applicants generally have two months to respond to each office action, with an extension available, and IMPI can issue at most two office actions before deciding the case — understanding this window is key to managing the process.
With office actions now capped at two under IMPI's 2026 rules, each response carries more weight than before. Brealant prepares every submission to resolve the examiner's concerns as fully as possible, so your application keeps moving toward grant without running out of chances to respond.
Examination is a required step, but it has real limits
No Guaranteed Outcome
Examination doesn't guarantee grant — objections may be raised that require a response, and a response doesn't guarantee acceptance.
Capped Office Actions
IMPI may issue at most two office actions per application before deciding the case, which limits how many rounds of amendment are available.
Fundamental Novelty Issues
A response can't overcome prior art that genuinely anticipates the invention as claimed.
New Matter Restrictions
Amendments generally can't introduce matter beyond what was originally disclosed.
Missed Deadlines
Once the response deadline passes without a reply, the application can be deemed abandoned.
Brealant helps you understand exactly where your application stands, and how many rounds remain, at each stage.
A well-managed examination and response process protects
Your Path to Grant
Keeping the application on track toward substantive acceptance and eventual grant.
Your Filing Date
Preserving the priority and filing date established when the application was first lodged.
Your Claim Scope
Managing objections in a way that avoids unnecessary narrowing of your claims.
Your Remaining Opportunities
Making full use of each of IMPI's limited office action rounds, now capped at two.
Brealant manages this process closely so nothing falls through the cracks and no round is wasted.
Examination generally follows these stages
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Publication & Observations
The application publishes around 18 months after filing, opening a two-month period for third-party technical observations.
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Substantive Examination Begins
IMPI reviews the application against novelty, inventive step, and industrial applicability.
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Office Action & Response
If objections are raised, you generally have two months to respond, with an extension available; IMPI may issue up to two such rounds.
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Grant or Refusal
Once objections are resolved, IMPI grants the patent; unresolved cases may be refused.
From publication to grant, examination commonly spans a significant part of the overall filing-to-grant timeline, which typically runs 3 to 4 years in total.
Costs involve both government and professional fees
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IMPI charges official examination fees in Mexican pesos; there's generally no additional government fee to respond to an office action.
IMPI charges official examination fees in Mexican pesos; there's generally no additional government fee to respond to an office action.
Ask us for a quote once we understand where your application stands in the process.
Brealant tracks every deadline through publication, examination, and each office action round, from the initial filing through to grant, so your application keeps moving without administrative slip-ups.
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IMPI initiates substantive examination once the publication and observation period closes; Brealant confirms the status of your specific application and advises if any action is needed.
As of March 2026, IMPI may issue at most two office actions per application before deciding the case, down from the previous limit of four.
Generally two months from notification, with an extension available on request — Brealant confirms the exact deadline on your specific report.
If the deadline passes without a response, the application can be deemed abandoned, so Brealant tracks every deadline closely.
Third parties may submit technical observations within two months of publication, which IMPI can take into account during examination.
No, there's no additional IMPI fee to respond to an office action — only Brealant's professional fee applies.
Yes, non-resident applicants must be represented by a locally domiciled agent or attorney before IMPI, a role Brealant provides.
Yes, claims can generally be amended to address the examiner's objections, provided the amendment doesn't add new matter beyond the original disclosure.
A definitive refusal can be challenged through an administrative appeal, and ultimately through judicial review before Mexico's specialized federal courts.
It makes a strong, well-drafted initial response even more important, since IMPI now issues at most two office actions before deciding the case — Brealant tailors responses accordingly.
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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