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If you've filed an international application under the Patent Cooperation Treaty, entering the Mexican national phase is how you actually secure patent protection here. Our team at Brealant manages national phase entry, including Spanish translation, so your international filing date and priority are preserved.
What National Phase Entry Involves
National phase entry is the process of converting an international PCT application into a national application before IMPI, under the Ley Federal de Protección a la Propiedad Industrial, including a certified Spanish translation.
Doesn't Guarantee Grant
Entering the national phase starts Mexican examination; it doesn't guarantee the patent will be granted.
Claims May Need Adaptation
Claims accepted internationally can still require adaptation to meet Mexican examination practice.
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Contact
Reach out to Brealant with your PCT application details well ahead of the deadline.
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Search
We review your PCT application and any International Search/Preliminary Examination reports.
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Quote
Receive a service quote for the national phase entry and prosecution.
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Pay
Proceed with secure payment for the selected services.
File
We prepare a certified Spanish translation, adapt claims if needed, and file the national phase entry with IMPI.
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Wait
Your application publishes and proceeds through IMPI's substantive examination.
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Response
Once examination concludes favourably, IMPI proceeds to grant of the Mexican patent.
Mexico's national phase entry deadline is 30 months from the earliest priority date claimed in the PCT application, with no extensions generally available. Understanding this firm deadline, and preparing the required Spanish translation in good time, is the clearest way to preserve your Mexican patent rights.
The 30-month window is firm, with no extension generally available once it passes. Brealant tracks PCT priority dates for clients well ahead of the deadline, so Mexican rights are never lost through an administrative oversight or a late translation.
National phase entry is essential, but it has boundaries
Firm Deadline
The 30-month deadline is generally firm, with no extension available if missed.
Doesn't Guarantee Grant
Entering the national phase starts Mexican examination; it doesn't guarantee the patent will be granted.
Claims May Need Adaptation
Claims accepted internationally can still require adaptation to meet Mexican examination practice.
Local Representation Required
Non-residents must appoint a Mexican patent agent to prosecute the application before IMPI.
Separate Maintenance Obligations
Once granted, the Mexican patent has its own maintenance fee schedule, independent of other jurisdictions.
Brealant reviews your PCT application early enough to address these issues well before the deadline.
Timely national phase entry protects
Your Priority Date
The earliest priority date claimed in your PCT application, preserved for the Mexican filing.
Your Filing Strategy
The option to pursue Mexican protection without having to file a separate application from scratch.
International Search Findings
The benefit of any favourable International Search or Preliminary Examination results.
Your Global Portfolio
Consistency between your Mexican rights and corresponding filings in other jurisdictions.
Brealant makes sure the transition from international to Mexican filing, translation included, is seamless.
National phase entry follows these stages
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PCT Filing
The international application is filed, establishing the priority date.
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National Phase Deadline
Mexico's national phase entry deadline is 30 months from the earliest priority date, with no extensions generally available.
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Entry & Translation
The national phase application, with certified Spanish translation, is filed and examined.
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Grant
Once examination concludes favourably, IMPI proceeds to grant of the Mexican patent.
Missing the 30-month national phase deadline generally means losing the ability to obtain patent protection in Mexico via that application.
Costs cover both the entry itself and subsequent prosecution
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IMPI charges an official national phase entry fee, in Mexican pesos, plus subsequent examination fees.
IMPI charges an official national phase entry fee, in Mexican pesos, plus subsequent examination fees.
We quote this once we've reviewed your PCT documents, so costs are clear before you commit.
Once national phase entry is filed, Brealant manages the Mexican application through publication, examination, and any office actions, keeping it aligned with your broader international patent strategy.
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30 months from the earliest priority date of your PCT application, with no extensions generally available.
Yes, non-residents must appoint a Mexican patent agent or attorney to prosecute the application before IMPI, which Brealant provides.
Sometimes — claims that were acceptable internationally can require adaptation to meet Mexican examination practice, which we assess on entry.
Yes, a certified Spanish translation of the PCT application is required as part of national phase entry, which Brealant arranges.
Generally no — the 30-month deadline is firm, so it's important to instruct Brealant well before it falls due.
Yes, IMPI runs PPH agreements with a number of patent offices, which can accelerate examination for national phase applications that qualify.
Costs include IMPI's national phase entry fee and translation costs, plus Brealant's professional fee, which we quote before the 30-month deadline.
IMPI conducts a formalities check, then the application proceeds toward publication and substantive examination alongside directly filed applications.
Yes, a PCT application can enter the Mexican national phase as either a patente de invención or a modelo de utilidad, depending on the invention.
Yes, claims can be amended on entry, and we routinely review them against Mexican examination practice before filing.
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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