1 August 2010Patents

Mexican Congress approves patent law amendments

Third parties will enjoy far greater influence over patent awards in Mexico after the country’s Congress ratified several changes that will reform patent practice.

After reviewing the amendments that were originally proposed, the Senate (Congress’s upper chamber) altered several of them. The final proposal was eventually approved by both chambers of Congress.

The changes will become law in September of this year, enabling Mexican Patent Office examiners to consider information filed by third parties when reviewing patent applications.

Alejandro Luna, a partner at Mexican law firm Olivares & Cia., notes a difference between the amendment that will become law and what was first proposed.

He said: “Originally, it was a type of opposition system that would delay the granting of a patent. Fortunately, that was not approved by the Senate. Now we have an observation system. Anyone can file observations within six months of the publication of the patent application, with no obligation to the examiner to rely on these observations.”

Another amendment allows the patent office to decide whether to initiate a cancellation proceeding for a granted patent on the basis of causes for invalidity supplied by a third party.

“I think that these amendments will be subject to interpretation by the patent office,” Luna said. “Hopefully, it’s not going to be too hard, but we don’t know yet.”

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