Novelty Grace Period for Patent Applications for Inventions in Mexico

Submitted by 页之码 on

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 .

专利申请流程

MX Mexico

  • Whether a utility model application in Mexico can be type-converted

    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.

  • What are the requirements for the Mexican invention patent application documents

    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. Certificate of Deposit of Microorganisms and its Spanish translation
    3. Certificate of Microbiological Survival and its Spanish translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Power of Attorney
    6. small entity declaration
    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. Entry into the Mexican national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Spanish translation
    6. Certificate of Microbiological Survival and its Spanish translation
    7. Power of Attorney
    8. small entity declaration
    9. Declaration of Ownership/Certification of Employment/Assignment of priority
    10. Assignment for Patent Right Transfer

  • Instructions for Authorization and Annual Fee of Mexican Invention Patent Application

    • 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 first to fifth 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.

  • Is type conversion possible for Mexican industrial design applications?

    no

  • What are the requirements for the utility model application documents in Mexico?

    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

  • How long is the protection period of Mexican invention patent application

    20 years

  • Whether a utility model application in Mexico can be DAS

    yes

  • Whether the Mexican invention patent application can be DAS

    yes

  • Features of the patent application process for utility model applications in Mexico

    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.

  • Which is the competent authority for utility model patent applications in Mexico?

    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)