Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Sukanya Sarkar shares her thoughts on this year’s annual meeting in Singapore, where debates ranged from AI opportunities to improving law firm culture
The court’s ruling is a good reminder that US parties aren’t guaranteed attorney fees just because they win, say sources
With business confidence in a shaky state, Rachel Tong and Lisa Yong of Rouse discuss how in-house IP teams can manage their trademark portfolios through uncertain times
The Court of Appeal had stern words for Med-El’s representatives after they highlighted a deputy judge’s background as a solicitor
Funders and NPEs say asserting patent portfolios can minimise risk at the USPTO’s PTAB, where procedure remains a controversial topic
The US Supreme Court’s ruling wasn’t a surprise and reflects a trend that had already been bubbling away for a while, say tech and pharma counsel
Previous attempts at major transatlantic tie-ups have failed, so lawyers will keep their eyes firmly on Allen & Overy’s grand plans
INTA CEO Etienne Sanz de Acedo shares his plans if he were to win the EUIPO leadership race and says his application does not affect his INTA role
The French finance minister told António Campinos the timing of an EPO event in Lisbon could be seen as interference in the EUIPO leadership race