Patent filing in Mexico:

Building a strong patent portfolio starts with your filing strategy. For patent filing in Mexico, you need to know the local patent office requirements. This guide will take you through all filing requirements and important stats in Mexico. 

When conducting a PCT national phase patent filing in Mexico, you are required to submit the following documents: 

• • Specification, claims, abstract as filed with WIPO.
• • Drawings (if these exist and are necessary for support, you must submit them with filing given you will not be able to submit them later).
• • Amendments carried out during the International Phase under PCT articles 19 and/or 34.
• • Sequence Listing, if any
• • Certificate of Deposit of Biological Material (if applicable).
• • Power of Attorney. – NOT MANDATORY FOR FILING BUT HIGHLY RECOMMENDED TO AVOID FORMAL OFFICE ACTION.
• • Assignment of Rights: if the same was not filed during the International Phase or if the Applicant in the Mexican case is different than the one appearing in the international phase, it must be submitted.

For direct (Paris Convention) filings only 

• • A certified copy of the Priority Document is required three (3) months after filing. A simple Spanish translation thereof is also required.
• • A simple copy of the Assignment Document is required three (3) months after filing. A simple Spanish translation thereof is also required.

Even though Spanish translation is mandatory, an English version may be submitted with patent filing in Mexico. The entire Spanish translation must then be submitted up to 30 days after filing. 

For direct filings, simple Spanish translation of priority documents and assignments must be filed three (3) months after filing. 

PCT: 30 months from first priority.

No restoration possible.

Paris Convention: 12 months.

Granting fees and first 5 years of validity should be paid in response to the Notice of Allowance.

Failing to submit payment within the 2-month period (extendable by an additional 2 months) will result in abandonment.

To respond to an office action: 2 months plus an additional 2-month extension. Failure to respond will result in abandonment.

The PPH (Patent Prosecution Highway) is a procedure that speeds up the processing of a patent application, based on the favorable result obtained in a foreign office, with which a cooperation agreement has been reached.

PPH is available in Mexico through the following agreements:

• PROSUR (Latin America)
• United States
• Canada
• Japan
• China
• Austria
• Singapore
• EPO (Europe)
• ALIANZA DEL PACIFICO (Colombia, Mexico, Peru, and Chile).

Remaining annuities must be paid every five years before the expiration of the anniversary date. Annuities can be paid in an accumulated manner. Failure to pay maintenance fees implies the abandonment of the application. A 6-month grace period is available to submit the annuities payment, and an additional 6-month period is also available to submit a restitution request, which includes a penalty fee.

For patent filing in Mexico, you must address the local office: Mexico’s patent office is the Mexican Institute of Industrial Property (IMPI).  

Link: https://www.gob.mx/impi 

No reinstatement in Mexico is allowed.

Mexico’s patent landscape witnessed a modest 2.7% overall increase in filings from 2021 to 2022. Non-resident filings rose by 3.8%, constituting a substantial 94% of total filings. Conversely, resident filings dropped significantly by 13.2%. PCT filings dominated, comprising 83% of Mexico’s total, with 88% of non-resident filings utilizing this route. Direct or Paris Convention filings declined by -9%, signaling a preference shift towards PCT, showcasing Mexico’s global innovation appeal.

Mexico’s patent landscape in 2022 experienced a significant reshaping, with China overtaking Japan as the third-largest filer. The US maintained its dominant position with an impressive 24% growth in the last two years. Switzerland and the UK, fueled by double-digit growth, solidified their spots in the top six. However, Japan and France, traditional leaders, saw declines (-6% and -14% respectively). This evolution underscores Mexico’s emerging role as a global hub, attracting a diverse range of players.