Whether the Mexican invention patent application can be type-converted

Submitted by 页之码 on

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 the invention patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.

专利申请流程

  • 15 years

  • IMPI conducts formal and substantive examinations of utility model patent applications. However, the requirements for substantive examination are relatively loose, only novelty and industrial applicability are required, but innovation is not required.

  • 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 the invention patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.

  • A 12-month novelty grace period applies if the inventor or his successor has communicated in any form, put the design into practice or made it public at national and international exhibitions.

  • Novelty grace period of 12 months for inventors, their successors and third parties who have received information about the invention from the inventor/successors, through any form of communication or at national and international exhibitions .

  • Filing Language: Spanish

    via Paris Convention via 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. small entity declaration
    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. Entry into the Mexican national phase 19/28/34/41 Amendments
    4. Power of Attorney
    5. small entity declaration
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
  • IMPI conducts formal and substantive examinations of invention patent applications. The substantive examination starts automatically, and there is no need for the applicant to submit a separate request for substantive examination. No special requirements or fees. Expedited examination can be requested through the Patent Prosecution Highway. The time limit for responding to the Office Action Notice is 2 months from the date of issue, which can be extended once (2 months).

  • yes. As long as the application is not abandoned, the patent type can be converted from utility model to invention within 3 months of filing the utility model patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.

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