Business brief 2018: Mexico

Patents

How are patent rights registered or secured in Mexico?

Requirements are: novelty; inventive activity; and the usefulness for the industrial sector.

Information is requested on: inventor, rights owner, title, brief description of the invention, summary of the invention, drawings and claims.

The Mexican Institute of Industrial Property (IMPI) performs two studies, first to determine the accomplishment of formalities and second to study and determine whether the application meets the patentability requirements.

Patent rights have a validity of 20 years.

What are the costs of obtaining and defending a patent?

Government fees are around $450. Professional fees may vary with the complexity of each case, but are around $2,000 to $3,000.

In the course of the application review, there can be other expenses resulting from the requirements of IMPI; likewise there are government-imposed maintenance fees.

Defending a patent right may incur many stages and expenses, including actions at IMPI, at the Federal Court of Fiscal and Administrative Justice, and in an amparo trial. The cost of any of these stages is no less than $5,000.

Is there anything unusual about Mexico’s patent law that companies should be aware of, and what are the most common mistakes businesses make?

One aspect to be considered for patent owners is the obligation they have to exploit the invention. If there’s a lack of exploitation within three years from the granting date, or four years from its filing date (whichever occurs later), any third party may request IMPI to grant a compulsory licence.

Trademarks

How are trademarks registered or secured and what protection to they grant?

Protection is obtained through application to IMPI, which carries out an examination regarding the formal and legal requirements needed in order to grant a trademark registration.

The following kinds of trademarks are permitted: