• Design fees

Fees associated with filing industrial design applications in Mexico, as well as other design fees, are available in the fee calculator.

• Multiple design applications 

Multiple design applications are possible in Mexico, provided that they belong to the same class of the international classification of industrial designs, and they form a unique concept of a design.

• Filing requirements for a design application in Mexico

The official language of a Mexican design application is Spanish.

An application must contain at least the following:
- applicant’s name, nationality and address;
- designer’s name and address;
- a brief title of the design;
- clear drawings or photographs of the design.

A certified copy of the Priority Document must be submitted within three months after filing the design application. The Mexican Trademark Office joined the WIPO Digital Access Service (DAS) and will accept the certified copies available in such database. Certified copies must be translated into Spanish.

A signed Power of Attorney is required to be filed with the application and must be signed by the applicant and two witnesses. Late filing of this document is allowed, whereby the applicant will have a two-month period for submitting this document. Legalisation and certification of the POA are not required.

If the designer and the applicant are not the same, Assignment Deed should be filed with the Mexican Patent and Trademark Office.

• Examination of a design application in Mexico

A design application filed in the Mexican Patent Office undergoes both formal and substantive examination. No special request needs to be filed as substantive examination is carried out automatically.

• Novelty grace period 

In Mexico, the novelty grace period for industrial designs constitutes 12 months before the Mexican filing date or before the priority date if the inventor or the successor to his rights or any third party who obtained the information about invention from the inventor/successor has made the design known by any means of communication, by putting the design into practice or by having displayed it at a national or international exhibition.

• Grant, validity term and design renewal fees

Once the substantive examination is over and favourable to the applicant, the Mexican Institute of Industrial Property will issue an allowance notice requesting the granting fee and maintenance fees for the first five years. The term to make these payments is two months counted from the notification date of the allowance notice. The design patent is valid for 5 years from the date of filing. The registration is renewable for consecutive periods of 5 years up to 25 years. Renewal fees are due every five years on the anniversary of the filing date until the validity of the patent is terminated. The term for requesting renewal of the registration is six months prior to the expiration date. There will be a grace period of six months.

• Duration of registration procedure

Registration of a design application takes an average of 1-2 years dependent on whether the design process is smooth or not.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform industrial design prosecution in Mexico through an attorney or agent practicing in Mexico.

•  Note

Online database for Mexican Industrial Designs.

Brief summary is based on the information provided by WIT LAW AND BUSINESS CONSULTANTS on 09.02.2024
Please contact us if the above information is not in conformity with Mexican IP Laws