Updates on the patent maintenance system in Mexico

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Updates on the patent maintenance system in Mexico

Sponsored by

olivares-400px.jpg
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 SHARED ros bottom lb

More from across our site

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article