Updates on the patent maintenance system in Mexico
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Updates on the patent maintenance system in Mexico

Sponsored by

File Folder Labeled as Patents.

For a long time, the Mexican Industrial Property Law remained static. However, in the last years, the law has been amended, having an impact on the lifespan of design registrations. Furthermore, due to the recent international commitments of our country, a new law has been approved further modifying the patent maintenance system.

On 2018, the amendments to the law modified the length of protection for design registrations. Before the amendments, design registrations were protected for 15 years. The amendments modified this by providing a first period of protection of five years which could be renewed four times, giving a total length of protection of 25 years. The amendments also applied to pending design registration applications and registrations already granted.

The new Law for Industrial Property Protection, which will come in force in the final months of 2020 maintains the aforementioned amendments and also provides an increment in the time of protection for utility models, which has changed from a previous 10-year lifetime to a new 15-year period of protection.

Finally, the new law follows the recent international commitments made by our country, and includes the possibility of a complementary certificate which aims to adjust the time of protection of a granted patent when the Mexican Patent Office determines that there was unreasonable delay in the prosecution of the patent. The regulation for the new law is still awaiting publishing, and the details for the granting of complementary certificates is a completely new practice in our country, therefore, further details on this matter will be clarified in the following months.

In conclusion, we consider that the changes concerning the period of protection for inventions in our country are very positive and will be an advantage for our patent system and ultimately for the owners of patents in our country.

more from across site and ros bottom lb

More from across our site

The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
The former head of life sciences at Kramer Levin has joined Orrick, a firm that hopes to grow in the sector
Lionel Martin of August Debouzy and Kristof Neefs at Inteo share how they prevailed in a UPC Court of Appeal case surrounding access to documents
Gift this article