Basic filing requirements for an industrial design application in Mexico
Minimum requirements for successfully filing an industrial design application and obtaining a filing date are as follows: (1) signed industrial design application using the standard form provided by the Mexican Patent Office (MPO); (2) industrial design specification documents containing description of the drawings and drawings; and (3) payment of official fees.
If the application claims any priority, a certified copy of any priority document must be filed with the industrial design 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.
The MPO has recently joined the WIPO Digital Access Service (DAS) and will accept the certified copies available in the database.
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 designer(s) are different parties, an assignment document or confirmatory assignment document is required.
All documents contained in an industrial design application must be filed either in Spanish or accompanied by a Spanish translation.
Applications containing multiple designs
A single industrial design application may include more than one design (with one “main” design and “related” designs) as long as the designs comply with the following:
(1) That every design can be identified under the same name and same kind of product;
(2) That every design contains the same novel characteristics; and,
(3) That every design shows only small / irrelevant differences between each other.
(4) Payment of additional fees.
Term for filing an industrial design application in Mexico
A national industrial design application claiming a conventional foreign priority must be filed within 6 months from the priority date. Mexican Patent Law does not allow for late-filing nor the restoration of this term.
Overview of examination procedure for an industrial design application in Mexico
After filing, industrial design 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 industrial design application is published by the MPO and it undergoes a substantive examination period. Early publication is not available for industrial design applications.
Substantive examination is initiated automatically, so no actions or payment of fees is required.
Duration for an industrial design’s procedure
Usually, industrial design applications take an average of 1-2 years from filing date to be granted in Mexico.
Granting procedure, validity term and renewals.
If an industrial design application is allowed by the MPO following a successful prosecution, granting fees must be paid by the applicant. Standard term to pay granting fees period is two months after the receipt of the “Notice of Allowance”.
Industrial designs have a validity term of five years, from filing date or priority date. Industrial designs may be renewed for consecutive five year periods until a maximum of 25 years.
The term for renewing a registration for an industrial design is six months prior to the expiration date and up to six months after the expiration date.
Local representation is required for foreign holders of industrial designs request renewals.
Industrial design fees
Official fees for filing an industrial design application in Mexico vary depending on several factors, mainly number designs comprising the application and number of foreign priorities cited. Certain applicants may be eligible to request and obtain discounts over official fees.
