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

The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Gift this article