Guide for Mexican patent application process

Patent Trademark

Mexico Profile

Mexico is a federal republic in North America. It borders the United States to the north, the Pacific Ocean to the south and west, Belize, Guatemala and the Caribbean to the southeast, and the Gulf of Mexico to the east. With an area of nearly two million square kilometers (over 760,000 square miles), it is the fifth Read more

Mexico Profile

Mexico is a federal republic in North America. It borders the United States to the north, the Pacific Ocean to the south and west, Belize, Guatemala and the Caribbean to the southeast, and the Gulf of Mexico to the east. With an area of nearly two million square kilometers (over 760,000 square miles), it is the fifth largest country in the Americas and the fourteenth largest in the world. With a total population of more than 120 million, it is the tenth most populous country in the world, the most populous country in the Spanish-speaking world and the second most populous country in Latin America.

Mexican Intellectual Property Legal System

  • " Industrial Property Law"
  • "Decree Concerning the Amendment and Supplement of Various Provisions of the Industrial Property Law"
  • The Federal Act on the Protection of New Varieties of Plants
  • Federal Copyright Act
  • Act Amending and Supplementing Certain Provisions of the Federal Copyright Act

International Organization/Agreement

  • Beijing Treaty on Audiovisual Performances
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • Singapore Treaty on the Law of Trademarks
  • Trademark Law Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • The Strasbourg Agreement on the International Patent Classification
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • Patent Cooperation Treaty
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • "Convention Establishing the World Intellectual Property Organization"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Berne Convention for the Protection of Literary and Artistic Works
  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Paris Convention for the Protection of Industrial Property
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Filing Language
spanish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Mexican Institute of Industrial Property

English: Mexican Institute of Industrial Property, abbreviation: IMPI

URL: www.impi.gob.mx

Mexican Invention Patent Search: Search -- FOLLOW (impi.gob.mx)

  • The Mexican Industrial Property Institute IMPI adopts three different coding formats for inventions, utility models and industrial designs. The format of the patent application number is:
  • Invention patent application:
    • 【Mx】+【/】+【a】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Utility model patent application:
    • 【Mx】+【/】+【u】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Design patent application:
    • 【Mx】+【/】+【f】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Example:
    • MX/a/2011/001431: Patent Application for Invention
    • MX/u/2011000458: utility model patent application
    • MX/f/2012/003119: Design patent application
  • The Mexican patent application publication number is the same as the application number, but the Mexican authorized patent publication number is numbered separately, and the coding rules are as follows:
    • 【MX】+【Serial Number】+【B】
  • Example:
    • MX317756B; MX3018B; MX40987B

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Spanish Translation
  3. Viability Statement of Microorganism and Spanish Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Power of Attorney
  6. Declaration of Small Entity
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority
  8. Assignment for Patent Right Transfer
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Spanish Translation
  6. Viability Statement of Microorganism and Spanish Translation
  7. Power of Attorney
  8. Declaration of Small Entity
  9. Declaration of Ownership/Certification of Employment/Assignment of Priority
  10. Assignment for Patent Right Transfer

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

IMPI conducts formal and substantive examinations for invention patent applications. The substantive examination starts automatically and there is no need for the applicant to file a separate request. No special requirements. Applicant can file the request for expedited examination by Patent Prosecution Highway. The time limit for responding to the Office Action is 2 months from the date of issuance of notification, which can be extended once (2 months).

If inventors, the successors and third parties who have received information about the invention from the inventor/successors disclosed in any form of communication or at national and international exhibitions, the novelty grace period of 12 months will be accepted. 

3-5 years

  • Grant fee: The applicant should pay the granted fee within 2 months after receiving the notification of granted decision and pay the annual fee for the 1-5 years at the same time.
  • Annuity: Subsequent payment of annual fee every 5 years, overdue can be made within the grace period after 6 months, but a penalty must be paid at the same time.

IMPI accepts the restoration of the right of priority on the grounds of "unintentional" as a PCT filing office.

Yes

Yes. As long as the application is not abandoned, the patent type can be converted from Invention to Utility Model within 3 months of filing date, or within 3 months under the request from IMPI and paying the prescribed fees at the same time. 

Name of Patent Office

Mexican Institute of Industrial Property

English: Mexican Institute of Industrial Property, abbreviation: IMPI

URL: www.impi.gob.mx

Mexican Invention Patent Search: Search -- FOLLOW (impi.gob.mx)

  • The Mexican Industrial Property Institute IMPI adopts three different coding formats for inventions, utility models and industrial designs. The format of the patent application number is:
  • Invention patent application:
    • 【Mx】+【/】+【a】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Utility model patent application:
    • 【Mx】+【/】+【u】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Design patent application:
    • 【Mx】+【/】+【f】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Example:
    • MX/a/2011/001431: Patent Application for Invention
    • MX/u/2011000458: utility model patent application
    • MX/f/2012/003119: Design patent application
  • The Mexican patent application publication number is the same as the application number, but the Mexican authorized patent publication number is numbered separately, and the coding rules are as follows:
    • 【MX】+【Serial Number】+【B】
  • Example:
    • MX317756B; MX3018B; MX40987B

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Scanned Copy of Certified Priority Document / DAS
  3. Power of Attorney
  4. Declaration of Small Entity
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Small Entity
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer

15 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

IMPI conducts formality and substantive examinations for utility model patent applications. However, the requirements for substantive examination are relatively low and only novelty and industrial applicability are required. Inventive step is not required.

If inventors, the successors and third parties who have received information about the invention from the inventor/successors disclosed in any form of communication or at national and international exhibitions, the novelty grace period of 12 months will be accepted. 

  • Grant fee: The applicant should pay the granted registration fee within 2 months after receiving the granted decision notice and pay the annual fee for the 1-3 years at the same time.
  • Annuity: Subsequent payment of annual fee every 5 years, overdue payment can be made within the grace period after 6 months, but a penalty must be paid at the same time.

6-8 months

IMPI accepts the restoration of the right of priority on the grounds of "unintentional" as a PCT filing office.

Yes. As long as the application is not abandoned, the patent type can be converted from Invention to Utility Model within 3 months of filing date, or within 3 months under the request from IMPI and paying the prescribed fees at the same time. 

Yes

Name of Patent Office

Mexican Institute of Industrial Property

English: Mexican Institute of Industrial Property, abbreviation: IMPI

Website: www.impi.gob.mx

Mexican Design Patent Search: Búsqueda -- SIGA (impi.gob.mx)

  • The Mexican Industrial Property Institute IMPI adopts three different coding formats for inventions, utility models and industrial designs. The format of the patent application number is:
  • Invention patent application:
    • 【Mx】+【/】+【a】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Utility model patent application:
    • 【Mx】+【/】+【u】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Design patent application:
    • 【Mx】+【/】+【f】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
  • Example:
    • MX/a/2011/001431: Patent Application for Invention
    • MX/u/2011000458: utility model patent application
    • MX/f/2012/003119: Design patent application
  • The Mexican patent application publication number is the same as the application number, but the Mexican authorized patent publication number is numbered separately, and the coding rules are as follows:
    • 【MX】+【Serial Number】+【B】
  • Example:
    • MX317756B; MX3018B; MX40987B

Filing Language: Spanish

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Power of Attorney
  3. Declaration of Small Entity
  4. Declaration of Ownership/Certification of Employment/Assignment of priority
  5. Assignment for Patent Right Transfer

25 years

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

IMPI conducts formality and substantive examinations of designs. Substantive examination begins automatically, without a request.

If inventors, the successors and third parties who have received information about the invention from the inventor/successors disclosed in any form of communication or at national and international exhibitions, the novelty grace period of 12 months will be accepted. 

  • Grant fee: The applicant should pay the granted registration fee within 2 months after receiving the notification of the granted and pay the annual fee for the 1-5 years at the same time.
  • Annuity: Subsequent payment of annual fee every 5 years, overdue payment can be made within the grace period after 6 months, but a penalty must be paid at the same time.

1-2 years

No

Yes

Yes

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