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Industrial Design Granting in Mexico

Once the design patent gets a positive decision, it is issued. No active steps are required from the applicant at this stage. The patent remains effective for 15 years without maintenance fees

From
$50
+  govt fees from $60

Once the design patent gets a positive decision, it is issued. No active steps are required from the applicant at this stage. The patent remains effective for 15 years without maintenance fees

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Industrial Design Granting in Mexico
From $50 +  govt fees from $60
  1. An AI-powered IP assistant that helps you create a detailed assignment within minutes.

  2. Selection of the most suitable local design attorney based on specific criteria.

  3. Receiving a Notice of Allowance and issuance of a patent certificate.

  4. Online monitoring and reporting on the platform throughout the entire process.

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  • An AI-powered IP assistant that helps create tasks and find relevant attorneys

  • Flat fees, secure and fast online payments with guaranteed results

  • 24/7 access to the registration process and online data storage for all your cases

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Frequently Asked Questions
What does it mean when a design is granted in Mexico?
Design granting in Mexico means that the industrial design application has successfully passed examination by the Mexican Institute of Industrial Property (IMPI) and has been officially registered, giving the applicant legal protection.
Who grants industrial design rights in Mexico?
The Mexican Institute of Industrial Property (IMPI) is the official government authority responsible for examining and granting industrial design registrations in Mexico.
What are the requirements for a design to be granted in Mexico?
The design must be new, have individual character, and comply with formal filing requirements. It must also pass IMPI's formal and substantive examination stages.
How will I know if my design has been granted?
IMPI will issue a registration certificate once the design is granted. The granted design will also be published in the Official Gazette.
How long does it take to receive a granted design in Mexico?
The granting process usually takes between 6 to 12 months, depending on the complexity of the application and whether any Office Actions are issued.
What rights do I get after my design is granted?
You receive the exclusive right to use, license, sell, or enforce the design in Mexico. You can take legal action against unauthorized use or imitation of your registered design.
How long does a granted design remain valid in Mexico?
A granted industrial design is valid for an initial term of 5 years from the filing date and can be renewed in 5-year increments for up to a total of 25 years.
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Industrial Design Granting in Mexico: Key Steps and Insights

 

The process to grant design rights in Mexico involves a detailed examination procedure that protects the visual characteristics of a product. For companies and individuals aiming to secure exclusive rights over the ornamental features of their innovations, obtaining protection through the Mexican Institute of Industrial Property (IMPI) is essential. Understanding the stages of registration and the requirements for a successful application is key to ensuring long-term legal security and commercial advantage.

Overview of Industrial Design Protection in Mexico

An industrial creation in Mexico refers to any combination of shapes, lines, colors, or textures applied to an object, which gives it a unique visual appearance. These features must be non-functional and serve only an aesthetic purpose. To obtain such rights, the appearance must meet several criteria:

  • Novelty: The visual presentation must be new and not disclosed anywhere in the world prior to filing.
  • Industrial applicability: The concept must be capable of being reproduced by industrial means.
  • Distinctiveness: It should clearly differ from existing visual forms.

The legal framework for industrial property ensures that registered works receive 5 years of protection from the date of filing, renewable for up to 25 years.

Steps to Grant Design Rights in Mexico

Securing exclusive rights through IMPI involves a structured application process. Below is a breakdown of the core steps required to obtain protection:

  • File a grant design application with IMPI
  • Provide a clear description and visual representation of the protected object
  • Include claims outlining the ornamental aspects
  • Pay the official fees and ensure proper classification
  • Respond to any office actions or formal objections
  • Await publication in the official gazette
  • Receive the granting certificate once approved

Each of these steps demands precision. A single oversight, such as unclear illustrations or lack of novelty, may lead to delays or refusals.

Key Considerations During Examination

IMPI conducts a formal and substantive review of each application. Applicants must be aware of the following examination aspects:

  • Drawings or photographs must clearly show the item’s appearance from different angles.
  • Description should focus only on the decorative aspects, not functional features.
  • If the product includes color, it must be claimed specifically.
  • Multiple items in one application are not permitted unless they form a coordinated set.

The issuance of protection depends heavily on the clarity and completeness of the submission. IMPI may issue office actions requiring corrections or further explanations before the rights are awarded.

Common Mistakes That Delay the Grant Design Process

To increase the chances of smooth and fast approval, avoid these frequent errors:

  • Submitting incomplete visual material
  • Using vague or overly technical descriptions
  • Failing to respond to notifications on time
  • Including more than one object in a single filing
  • Omitting required fees or incorrect payment references

Preparation and attention to detail are essential throughout the registration cycle.

Benefits of Industrial Design Protection in Mexico

Obtaining exclusive rights offers multiple advantages, especially for manufacturers, product developers, and creators:

  • Legal monopoly on the aesthetic form of the product
  • Commercial advantage by differentiating offerings in the market
  • Enforcement power against unauthorized use or imitation
  • Asset creation that enhances company value
  • Licensing and revenue opportunities through exploitation agreements

These benefits are particularly relevant for industries such as fashion, furniture, electronics, packaging, and consumer goods.

Final Thoughts

The path to grant design protection in Mexico is a well-structured but detail-sensitive process. With the right documentation, strategic presentation, and a clear understanding of the Mexican IP system, applicants can secure rights that safeguard their visual innovations and strengthen their market position. Whether for domestic use or international expansion, industrial registration remains a vital element of a strong intellectual property strategy.

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