Basic filing requirements for a patent application in Mexico
Minimum requirements for successfully filing a patent application and obtaining a filing date are as follows: (1) signed patent application using the standard form provided by the Mexican Patent Office (MPO); (2) patent specification documents containing background of the invention, description, summary, claims and drawing if applicable in any language; and (3) payment of official fees.
If the application claims any priority, a certified copy of any priority document must be filed with the patent application or within a three month period staring from the application’s filing date.
Failure to provide a certified copy of any priority document will result in the Mexican Patent Office not recognizing said priority. Mexican Patent Law does not allow for late-filing nor the restoration of this term.
When the application is filed through an agent, a Power of Attorney (POA) must be provided. Certification, legalization or apostille of the POA document is not required. Local representation is required for foreign applicants.
If the applicant and the inventor(s) are different parties, an assignment document or confirmatory assignment document is required.
All documents contained in a patent application must be filed either in Spanish or accompanied by a Spanish translation.
Term for filing a patent application in Mexico and novelty grace period
Mexican Patent Law allows for a 12 month novelty grace period to file a patent application after a public disclosure has been made, directly or indirectly, by the applicant, its successor, or by any third party.
A national patent application claiming a conventional foreign priority must be filed within 12 months from the priority date. Mexican Patent Law does not allow for late-filing nor the restoration of this term.
A national phase application, related to a PCT Patent application, must be filed in in Mexico within 30 months from the date of priority. No late-filing nor restoration of this term is possible.
Overview of examination procedure for a patent application in Mexico
After filing, patent applications in Mexico undergo a formal examination procedure and an examination regarding any priority claimed, if applicable.
Following a successful formal and priority examination, the patent application is published by the MPO and it undergoes a substantive examination period. Applicants may choose to request early publication for their patent application by paying additional fees.
Substantive examination is initiated automatically, so no actions or payment of fees is required.
Duration for a patent’s procedure
Usually, patent applications take an average of 4 years from filing date to be granted in Mexico.
Patent Prosecution Highway (PPH) procedures are available for applicants that comply with the program’s requirements in order to expedite the examination process.
Granting procedure and maintenance fees
If a patent application is allowed by the MPO following a successful prosecution, granting fees and annuities must be paid by the applicant. Standard term to pay granting fees and first annuity period is two months after the receipt of the “Notice of Allowance”.
For granted patents, maintenance fees are usually paid in five-year periods taking the filing date anniversary as a deadline. There is a six month grace period to pay annuity fees, provided that a surcharge is paid.
Local representation is required for foreign patent holders to pay maintenance fees.
Validity term and term adjustments
Patents in Mexico have a validity term of 20 years, from the date of filing or priority date.
Recent changes to Mexico’s Patent Law allow for term adjustments for patents, as a way to compensate patent holders for unjustified delays attributable to the MPO during the patent’s prosecution.
Patent fees
Official fees for filing a patent application in Mexico vary depending on several factors, mainly number of pages comprising the application and number of foreign priorities cited. Certain applicants may be eligible to request and obtain discounts over official fees.
