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Filing a Patent Application in Mexico

This stage involves the formulation of a comprehensive description and illustrations depicting your invention. It also includes crafting of claims, ensuring your patent provides the maximum possible protection.

From
$650
+ govt fees from $550

This stage involves the formulation of a comprehensive description and illustrations depicting your invention. It also includes crafting of claims, ensuring your patent provides the maximum possible protection.

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Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
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Review offers, compare them, and select the most suitable option. Complete your transaction securely
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Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Filing a Patent Application in Mexico
From $650 + govt fees from $550
  1. An AI-powered IP assistant that helps you create a detailed assignment within minutes.

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

  3. Drafting a brief description, filing the application, and handling government fees.

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

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Why iPNOTE?
  • More than 800 IP law firms from 150+ countries, ranking and reviews

  • 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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Raylightenergy, China
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Tyan Group LLC, USA
First time going through them and they did not disappoint! I got my trademarked filed right away, and Ian clearly explained everything to me! Great service and fair price!! Plan on using them again!
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s16vc, USA
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Biomicrogels Group, UK
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Frequently Asked Questions
Who can file a patent application in Mexico?
Any individual or legal entity, whether Mexican or foreign, can file a patent application in Mexico. Foreign applicants must appoint a local representative or patent attorney.
Which authority handles patent applications in Mexico?
The Mexican Institute of Industrial Property (IMPI) is the official body responsible for receiving, examining, and granting patent applications in Mexico.
What types of inventions are patentable in Mexico?
Inventions that are new, involve an inventive step, and are industrially applicable can be patented. This includes products, processes, and improvements, but excludes discoveries, software as such, and medical treatment methods.
What is the duration of patent protection in Mexico?
Patents in Mexico are granted for a term of 20 years from the filing date, provided that annual maintenance fees are paid.
Can I claim priority from a foreign application when filing in Mexico?
Yes, Mexico is a member of the Paris Convention, so applicants can claim priority within 12 months of the first filing date in another member country.
Is it possible to file a patent application in English in Mexico?
Applications must be filed in Spanish. If filed in another language, a Spanish translation must be submitted within two months of the filing date.
What is the typical timeline for patent approval in Mexico?
The process generally takes between 2 to 4 years, depending on the complexity of the invention and whether any objections or Office Actions are issued.
Can I file a patent application in Mexico through the PCT route?
Yes, Mexico is a PCT contracting state. Applicants can enter the national phase in Mexico within 30 months from the priority date.
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Filing a Patent Application in Mexico: A Step-by-Step Guide for Innovators

 

When considering intellectual property filing in Latin America, Mexico stands out as a strategically important jurisdiction. Whether you are an individual inventor, startup, or established company, protecting your innovation in this growing market can offer substantial advantages. This article outlines the essential aspects of submitting a request for protection, including the types of documents available, procedural steps, and tips for maximizing the protection of your intellectual property.

Understanding the Patent System

Mexico is a member of key international treaties, including the Patent Cooperation Treaty (PCT) and the Paris Convention. As such, inventors can initiate the protection process through either the national route or by entering the national phase via the PCT. The Mexican Institute of Industrial Property (IMPI) is the governmental body in charge of examining and granting exclusive rights.

To be eligible for protection, an invention must be new, involve an inventive step, and be industrially applicable. However, like in many jurisdictions, discoveries, scientific theories, and methods for performing mental acts or business operations are not eligible.

Types of Patent Applications in Mexico

There are several options when considering how to submit a request for innovation rights:

1. Non-provisional patent application – This is the standard route for those seeking full protection.

2. PCT national phase entry – For applicants who filed a PCT request, entering the national phase must occur within 30 months from the priority date.

3. Provisional application – While the system does not have a formal preliminary process like the U.S., it’s possible to initiate filing through an informal disclosure with priority rights, which must be followed by a complete request.

Key Steps for Patent Filing

Here is a simplified list of the procedures for securing intellectual property rights:

  • Conduct a prior art search to assess novelty and avoid unnecessary expenses.
  • Prepare the documentation, including claims, description, drawings (if applicable), and abstract.
  • Translate the application into Spanish, if initially drafted in another language.
  • Submit the request to IMPI, either in person or via the online platform provided by the authority.
  • Pay the official fee, which varies depending on the number of claims and the type of applicant.
  • Wait for the formal examination, which generally begins around 4 to 6 months after submission.
  • Respond to office actions if any objections arise during review.
  • Receive the certificate of protection, which will be published in the Mexican Industrial Property Gazette.

Important Considerations for Applicants in Mexico

  • The cost of securing rights can vary depending on attorney charges, translation expenses, and the complexity of the invention.
  • It is recommended to file as early as possible to secure a priority date and avoid conflicts.
  • Annual renewal payments must be made to keep the registration in force.
  • The exclusive right granted remains valid for 20 years from the date of submission, provided that annuities are paid on time.

Benefits of Patent Protection

Securing exclusive rights can provide competitive advantages, especially for companies expanding into Latin America. Key benefits include:

  • Legal protection against unauthorized use or reproduction of the invention
  • Potential licensing opportunities with local firms
  • Enhanced business valuation and investor interest
  • Strategic enforcement mechanisms through IMPI and local courts

Conclusion

Navigating the patent filing process in Mexico requires understanding the local legal framework, procedural requirements, and timing. Whether entering the market through a direct request or the PCT route, engaging a local expert can simplify the process and reduce the risk of errors. By obtaining exclusive rights, innovators can effectively protect their creations and strengthen their commercial position in this dynamic economy.

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