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Notice of Allowance and Patent Granting in Mexico

Upon receiving a Notice of Allowance, you should pay the required granting fees. After this payment, the patent will be officially published and granted, thereby securing your exclusive rights

From
$300
+ govt fees from $240

Upon receiving a Notice of Allowance, you should pay the required granting fees. After this payment, the patent will be officially published and granted, thereby securing your exclusive rights

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Notice of Allowance and Patent Granting in Mexico
From $300 + govt fees from $240
  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. Receiving a Notice of Allowance, handling government fees and issuance of a patent certificate.

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

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Frequently Asked Questions
What does patent granting mean in Mexico?
Patent granting is the official approval by the Mexican Institute of Industrial Property (IMPI) that recognizes an invention as legally protected under Mexican patent law.
How long does it typically take to get a patent granted in Mexico?
The patent granting process usually takes between 2 to 4 years, depending on the complexity of the invention and the response time to any Office Actions.
What are the main requirements for a patent to be granted in Mexico?
The invention must be novel, involve an inventive step, and be industrially applicable. It must also comply with formal requirements set by IMPI.
When is a patent application published in Mexico?
Patent applications are published approximately 18 months after the filing or priority date, allowing the public to review the invention.
What happens after IMPI issues a notice of allowance?
After the notice of allowance, the applicant must pay the granting fee and the first annual maintenance fee to proceed with patent issuance.
How long is a granted patent valid in Mexico?
A granted patent is valid for 20 years from the filing date, provided annual maintenance fees are paid on time.
Can the patent be challenged after it is granted in Mexico?
Yes, third parties can file for patent invalidation or opposition within certain timeframes under Mexican law.
Does a granted patent in Mexico provide international protection?
No, a Mexican patent only protects the invention within Mexico’s borders; international protection requires separate filings or use of international treaties.
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Patent Notice of Allowance and Granting Process in Mexico

 

The official notification of approval marks a critical turning point in the lifecycle of an application for industrial property rights. This stage signifies that the substantive examination has concluded successfully, and the Mexican Institute of Industrial Property (IMPI) has found the request to comply with the legal requirements. Understanding how notification, approval, and issuance stages function is essential for applicants aiming to secure effective protection within the jurisdiction.

Patent System: Overview

The protection system is governed by the Federal Law for the Protection of Industrial Property. This law regulates the procedures for filing, examining, and granting exclusive rights. Applications must be filed with IMPI, which operates under the Secretariat of Economy. The process is designed to safeguard new inventions that demonstrate novelty, inventive step, and industrial applicability.

Applicants from both national and international backgrounds frequently pursue registration due to its growing market and strategic location. Rights granted by IMPI are valid for 20 years from the filing date, provided maintenance fees are paid.

From Filing to Patent Notice of Allowance

After the initial submission, the request undergoes formal examination. If it passes, it proceeds to substantive analysis, where the invention’s novelty and technical merits are evaluated. At the end of this phase, the IMPI issues the patent notice of allowance, indicating the request meets all required standards and is ready for granting.

Receiving an official notification in Mexico confirms the authority’s intention to approve the application. However, it does not automatically confer exclusive rights. The applicant must fulfill certain conditions to complete the process.

Steps Following the Notice of Allowance

Upon issuance of the notification, applicants need to act within a specified timeframe. These steps include:

1. Payment of final fees for the patent notice of allowance

2. Submission of any outstanding documents or formal corrections

3. Confirmation of applicant information to ensure alignment with IMPI records

4. Review and acceptance of claims as finalized

5. Awaiting the official approval and publication of the exclusive rights

These actions finalize the transition from a pending submission to a fully validated registration.

What the Granting of a Patent Entails

The issuance of exclusive rights bestows legal control to the applicant. These powers prevent others from manufacturing, using, selling, or importing the protected invention without consent. A formally recognized invention becomes enforceable once the certificate is issued and published in the IMPI Gazette.

Holders of confirmed registrations must be vigilant in maintaining their rights by paying annual fees and monitoring the marketplace for potential infringements. The enforcement of intellectual property rights in Mexico is supported by legal mechanisms that include civil and administrative procedures.

Strategic Considerations for Applicants

To maximize the benefits of the system, applicants should keep in mind the following:

  • Plan early for translations, especially for PCT national phase entries
  • Monitor deadlines closely to avoid lapses between approval and legal formalization
  • Utilize local legal counsel to ensure compliance with evolving regulations
  • Align IP strategies with business goals in Latin America
  • Summary

Securing exclusive rights in Mexico involves multiple stages, with the patent notice of allowance being one of the most significant milestones. This notification not only signals readiness for granting, but also initiates crucial final steps before rights are conferred. For innovators and companies, understanding the nuances of approval and confirmation procedures helps safeguard valuable inventions and ensures long-term protection in the Mexican market.

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