• Patent fees

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

• Term for filing a patent application in Mexico

The term for filing a patent application in Mexico claiming conventional priority is 12 months from the priority date. Restoration of this term is not possible.

• Filing requirements in Mexico

The official language of a patent registration in Mexico is Spanish. It is possible to file a patent application in any other language. The Patent Office will issue an office action requesting the translation and will grant the applicant two months for filing Spanish translation.

To obtain the date of filing, a patent application in Mexico should contain:
-signed application;
-technical documents (background of the invention, description, summary, claims) in any language;
-drawings;
-payment of official fees.

If priority is claimed, a certified copy of the Priority Document must be filed with the Mexican Patent Office within a non–extendible term of three months commencing on the filing date of the application.

If the application is filed in paper, an original Power of Attorney must be provided with the application. A scanned copy of the POA will be acceptable for the applications filed in electronic form. Late filing of this document is allowed within two months after the filing date should the Patent Office issue an office action requesting such a document. The POA must be signed by the person who grants it and two witnesses. Certification and legalisation of this document are not required.

• Examination of a patent application in Mexico

Patent applications in Mexico undergo formal and substantive examinations. Substantive examination is initiated automatically. No special request or fee is required. It is possible to request an accelerated examination under PPH.

• Novelty grace period

In Mexico, the novelty grace period 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 invention known by any means of communication, by having displayed it at a national or international exhibition.

• Grant, validity term and maintenance fees

Patents in Mexico are valid for 20 years from the date of filing. The grant fee, along with the annuities for the calendar year in which the patent is granted and the subsequent four years, must be paid within two months from receiving the Notice of Allowance. The succeeding annuities should be paid every five years before the expiry of the anniversary of the filing date. Annuities can be paid in an accumulated manner. Late payment of the annuities is possible within a grace period of six months after the due date provided that a surcharge is paid. 

• Duration of registration procedure

It takes an average of 4 years from filing to granting of a patent in Mexico.

• Utility model

It is possible to obtain utility model protection in Mexico. Utility model requirements are less stringent than for patents - novelty must be present and they must be industrially applicable, however an inventive step is not a necessity. Applications undergo both formal and substantive examination. As of November 5, 2020 the validity term of a utility model in Mexico is 15 years from the date of filing in Mexico, which is non-renewable. For those utility models registered before said date it is possible to prolong the validity term up to additional 5 years by way of paying the corresponding annuities within 6 months prior to expiration of 10 year validity term. It is also possible to convert a patent application into a utility model application. The request for conversion may be submitted within 3 months after the filing date or within 3 months after the Patent Office requires such transformation.

• Representation by a patent attorney

For foreign patent applicants, it is necessary to perform patent prosecution in Mexico through a patent attorney or agent practicing in Mexico.

•  Notes

1. Online search database for Mexican Patents.
2. After a period of 18 months from the filing date or the priority date, the application is published in the Industrial Property Gazette. It is possible to request earlier publication for patents, but this option is not available for utility models.

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