The end of pipeline patents in Mexico

01-06-2010

Amalia Bagües

Almost 19 years ago, a new concept for providing a so-called ‘pipeline protection’ was incorporated in the new Law of Industrial Property, in force as of June 28, 1991.

Almost 19 years ago, a new concept for providing a so-called ‘pipeline protection’ was incorporated in the new Law of Industrial Property, in force as of June 28, 1991. 

It stated that all applications covering inventions that were not patentable under the prior law and that had been filed in a member country of the Patent Cooperation Treaty (PCT) prior to the date of enactment of the new law could be subject to the filing of a valid patent application in Mexico, with recognition of convention priority on the first application filed in any one of said countries and regardless of prior disclosure, provided that the following conditions, disclosed in Article 12 transitional, were met:

• The corresponding Mexican patent application was filed within 12 months of the enactment of the law; the application should be filed by the first applicant of the corresponding foreign application or by the assignee thereof


Mexico, pipeline, patents, PCT, industrial, property

WIPR