Whether a utility model application in Mexico 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 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.

专利申请流程

MX Mexico

  • 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.

  • What are the requirements for the Mexican industrial design application documents

    Filing Language: Spanish

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Certified Priority Document
    2. Power of Attorney
    3. Certified Priority Document
    4. small entity declaration
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

  • 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

  • How long is the PCT deadline for utility model applications in Mexico?

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

  • Features of the Mexican invention patent application process

    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).

  • Can the priority right of utility model applications in Mexico be restored?

    As a PCT filing office, it accepts the restoration of the right of priority on the grounds of "unintentional".

  • How long is the deadline for industrial design applications in Mexico?

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

  • Novelty Grace Period for Utility Model Applications in Mexico

    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 .

  • Novelty Grace Period for Patent Applications for Inventions in Mexico

    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 .

  • Instructions for Authorization of Industrial Design and Annual Fee in Mexico

    • Grant fee: The applicant should pay the granted registration fee within 2 months after receiving the notification of the 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.