Patents

Patent drafting, filing and prosecution services in Mexico and all over the world are rendered through our wide network of associates. Information on the Mexican Patent Procedure can be found here. An invention is defined by law as any human creation which let matter and/or energy existing in nature be transformed in order to fulfill a real need of a human being. Are not considered as inventions:

  1. Theoretical or scientific principles;
  2. Discoveries merely consisting of informing or setting forth something already existing in nature, although unknown by man;
  3. Schemes, plans, rules and methods for performing mental acts, games or business and mathematic methods;
  4. Software;
  5. Methods and ways of setting forth information
  6. Aesthetic creations and artistic and literary works;
  7. Surgical, therapeutical and diagnostic treatment methods for human being and animals, and
  8. Combinations of known inventions, mixtures of known inventions or mixtures of known products, their variations of use, shape, dimensions or materials, except that it is in facvt their own combination or fusion so that they cannot function separately or that their qualities or characteristic functions be modified to obtain an industrial result or use not obvious for an expert in the art.

For items d) and f) above (not considered as inventions) protection is granted through Copyright Law. Protection is granted for almost all new and useful invention, irrespective of the technological field on which it was developed. Consequently, protection is granted, inter alia, for chemicals, pharmaceutical compounds; alloys, inventions in which microorganisms are used, applied to or derived from, biotechnological processes for obtaining drugs, medicines in general, beverages and foodstuffs for human consumption, fertilizers, plaguicides, fungicides and products with biological activity.

Patentability is excluded only for inventions related to essentially biological processes for obtaining, reproducing and disseminating plants and animals, plant varieties and animal races, naturally occurring biological materials as found in nature, genetical material, and inventions related with living material comprised by human body.

A Utility Model is granted for those simple innovations consisting of changes in configuration or new arrangements of parts and which makes possible obtaining advantages as to their utility and/or function. An Industrial Model will be understood to be any three dimensional form which serves  as typor or mold for the manufacturing of an industrial product and which gives it a special appearance, so long as it does not imply technical effects. For example, a new shape for a bottle or a chair can be registered as a model. The protection given by a registered model is based on the visual appearance of the article and therefore this form or protection is useful where the article itself is not new but the shape is new indeed.

An Industrial Drawing will be understood to be any combination of figures, lines or colors which are incorporated into an industrial product for purpose of ornamentation and which gives it a peculiar and unique aspect. As with patents, it is important not to show your new design to other people before tou have applied for a Design Registration.

DURATION

Patents: 20 years as from the official filing date in case of convention cases, or the international filing date in case of the national stage of PCT patent applications.

Utility Models: 10 years as from the official filing date.

Industrial Models and Industrial Drawings: 15 years as from the official filing date;

APPLICANT

Inventor(s) and his/her assignee(s), if the application is filed by the assignee(s) the respective assignment should be filed. The owner of a patent has the exclusive right to exploit the invention covered by the patent. If you think your idea may be patentable see us before disclosing the idea to anyone else. Once an idea has been made public any patent application filed after 12 months of said public disclosure will be invalided and you will have forfeited any right to protection.

FORMAL REQUIREMENTS FOR FILING CONVENTION PATENT, DESIGN AND UTILITY MODEL APPLICATIONS

  1. Title of the invention, full name, address and nationality of inventor(s) and/or assignee(s).
  2. Abstract, specification and claims in Spanish. Foreign languages may be accepted, conditioned.
  3. Formal drawings. All in 21.5 cms x 28.0 cms size or A4 size.
  4. Power of Attorney. If granted by a corporation, document must indicate paper(s) authorizing grantor to grant powers of attorneys on behalf of said legal entity. Powers of Attorney granted both by legal entities and individuals must be executed by two witnesses who shall furnish their full name and address.
  5. Assignment document, if.
  6. Certified copy of home application, if priority is to be claimed. The Spanish translation thereof must be attached to the certified copy of the priority document.

 

INFORMATION/DOCUMENTS IN POINTS 1, 2 AND 3 SHALL BE GIVEN UPON FILING APPLICATION IN ORDER TO SECURE AND OBTAIN AN OFFICIAL FILING DATE.
Formal requirements for National Stage applications filed under the PCT.

Diagram