Patent Filing Mexico

The PCT national phase system in Mexico enables applicants to transition their international PCT application into a Mexican patent application. Once national phase entry is completed, the application is treated as a domestic Mexican Patent filing and is examined under Mexico’s Industrial Property Law.

Mexico offers:

• Strong Mexico Patent Search standards
• A reliable and structured examination framework
• Administrative and judicial enforcement mechanisms
• Opportunities for injunctions, damages, and border measures
• A commercial environment where patent rights are highly respected

Once granted, a Mexican patent provides the exclusive right to prevent others from manufacturing, distributing, selling, using, or importing the patented invention within Mexican territory.

Who is Eligible to File a Patent in Mexico

Any applicant listed on the international PCT application after National Phase Filing in Mexico. Eligible applicants include:

• Individuals
• Domestic and foreign corporations
• Universities and research institutions
• Startups and SMEs
• Government or private R&D organizations

Foreign applicants must appoint a licensed Mexican patent attorney or patent agent. Local representation is mandatory for handling formalities, translations, responses to office actions, and strategic prosecution.

Critical Deadline for Mexico Patent Filing(30-Month Rule)

Mexico applies a strict 30-month deadline from the earliest priority date for entering the national phase under both:

• PCT Chapter I
• PCT Chapter II

To maintain rights in Mexico, applicants must file all essential elements before the 30-month deadline, including:

• National phase request
• Required fees
• Spanish translation (or provide it when requested shortly afterward)
• Power of attorney (if requested)

Timely filing is crucial because Mexico does not allow simple reinstatement once the deadline has passed.

Extensions After Expiry of the Deadline

Mexico does not allow late national phase entry once the 30-month deadline expires. There is no restoration of rights based on unintentional delay or due-care arguments.

Therefore, PCT applicants must plan national phase entry well before the 30-month limit to avoid permanent loss of rights.

Filing Language for Mexico Patent Application

The official language for patent filing in Mexico is Spanish.

Applicants may file the application in another language at the time of entry; however, IMPI will then issue an office action requiring the full Spanish translation, which must include:

• Description
• Claims
• Abstract
• Drawings (with captions translated into Spanish)
• Any amendments made during the international phase

The translation must be filed within the deadline set by IMPI, typically two months, extendable in limited circumstances.

Translation accuracy is critical because:

• Errors may alter claim scope
• Inconsistencies may lead to rejections
• Enforcement could be compromised
  

Required Documents to File Patent in Mexico

To validly enter the national phase in Mexico, the applicant must provide:

1. National Phase Entry Request: Filed through a Mexican patent attorney or agent.
2. Full Spanish Translation: Required for all non-Spanish PCT applications.
3. Power of Attorney (POA)

Simple signed copy only

• • No notarization
  • No legalization
  • No apostille required
  • POA may be filed later if IMPI requests it

4. Assignment Document (if applicable): If the applicant named in the Mexican phase differs from the PCT applicant.
   A simple signed copy is sufficient; no legalization required.
5. Priority Documents: Only necessary if not available via the PCT system.
6. Applicant and Inventor Data: Full names, nationalities, and addresses.

Submitting all required documents promptly ensures smooth entry and faster formal examination.

Mexico Patent Search and Examination Procedure

Once the national phase application is filed:

Formality Examination

IMPI checks:

• • Translation compliance
  • POA submission (if required)
  • Payment of fees
  • Priority claims
  • Proper formatting and documentation

Substantive Examination

Mexico does not require a separate examination request; IMPI automatically initiates substantive examination.

Examiners evaluate:

• • Novelty/Patentability Search
  • Inventive step
  • Industrial applicability
  • Claim clarity and unity
  • Sufficiency of disclosure

Examination is detailed and may involve multiple rounds of communication.

Examination Process and Office Actions

IMPI may issue several types of office actions:

• Formality office actions (missing documents, translation issues, formatting requirements)
• Substantive office actions (novelty, inventive step, unity of invention, clarity objections)
• Requirement notices (information, amendments, or clarifications requested)

Applicants must respond within IMPI’s deadlines, generally two months, often extendable.

Attorney-drafted responses may include:

• Claim amendments
• Technical arguments
• Legal reasoning
• Supporting documentation

Deadline for Request for Examination

In Mexico, no separate examination request is required. Substantive examination begins automatically once the application passes formal review.

This automatic system simplifies prosecution and avoids additional deadlines.

Publication Process and Legal Impact

After preliminary review, the application is published in the Industrial Property Gazette.

Publication:

• Notifies competitors and the public
• Allows third-party submissions
• Establishes the applicant’s public claim to the invention

Although patent rights become enforceable only upon grant, publication marks the beginning of public visibility and strategic positioning.

Grant Process and Enforceability

After all objections are resolved, IMPI issues a Notice of Allowance. The applicant must then:

• Pay the grant fee
• Complete formalities
• Ensure final documents are in order

The patent is then granted and published as a final title.

Once granted, the patent is enforceable through:

• Administrative infringement actions before IMPI
• Civil litigation for damages
• Border seizure actions in coordination with customs authorities
• Criminal actions in cases of counterfeiting

Mexico provides robust enforcement mechanisms, making a granted patent a powerful commercial asset.

Validity Term

A Mexican patent is valid for:

20 years from the PCT filing date
(International filing date), subject to payment of annuities.

Typical Time to Grant

A typical prosecution timeline ranges from:

3 to 5 years, depending on:

• Technology complexity
• Number of office actions
• Applicant responsiveness
• Examiner workload

Proactive management significantly shortens timelines.

Annuities and Maintenance Procedure

Maintenance fees, which is also called as Annuity fees, it will be mandatory to be paid annually to keep the patent in force.

Key points:

• Annuities begin after the grant
• Payments must be made each year
• A six-month grace period is allowed with a surcharge
• Non-payment results in an irrevocable patent lapse

OFFICIAL GOVERNMENT FEES FOR MEXICO PATENT FILING (IMPI)

(All fees in Mexican Pesos — MXN)

National Phase Filing Fees

Utility Model National Phase Filing Fees

Examination Fees

Utility Model Protection in Mexico

Mexico offers utility model (UM) protection, suitable for:

• Mechanical devices
• Tools
• Functional configurations
• Incremental improvements

Key UM features:

• Validity: 15 years from filing
• Lower inventive step requirement
• Faster examination
• Lower official fees

Utility models can be an excellent alternative for technologies with short commercial cycles or limited inventive complexity.

Mexico Patent Office & Official Website

Official Website: Mexico Patent Office