Region: Mexico

Featured in The Patent Litigation Review 2024

As Mexico’s patent protection regime evolves, there are concerns over the affect such changes may have on petitioners and the authorities. While improvements to regulations should ease pressures, increased requirements for evidence and simplification of the infringement damages process are creating delays within the system.

24 November 2023

Featured in IAM Global Leaders 2024

16 November 2023

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2023

Following an IP law reform introduced to combat confusion around allopathic medicines, IMPI and COFEPRIS are legally bound to cooperate. However, a new opposition process has thrust Mexico's patent linkage regime into the spotlight once again.

25 August 2023

New rules in play are undoubtedly an upgrade but still do not provide the clarity needed for both applicants and examiners

31 March 2023

Director General José Sánchez Pérez meets with local lawyers to discuss enforcement and implementation of IP law

25 January 2023

Featured in Global Patent Prosecution 2023

There are patents and utility models. Patents have a 20-year term while utility models have a 15-year term, both counted from the filing date of the application.

02 December 2022

Featured in Special Report 2022 Q4: Trade secret strategy playbook

16 November 2022

Featured in Global Patent Litigation 2023

In our experience, a tailor-made mix of enforcement actions (eg, infringement claims, preliminary measures and public-awareness campaigns) provide the best results.

28 October 2022

Featured in Global Patent Litigation 2023

Mexico is a civil law country with a peculiar unified system wherein both infringement and invalidity actions are filed before the same government agency as the one that grants patents: the Mexican Institute of Industrial Property (IMPI).

28 October 2022

Featured in Global Patent Litigation 2023

In the past, it was common to find that the effective term of a patent would differ from one patent to another, depending on how long each examiner took to study the application; in other words, under the 20-year filing date rule, a patent could be granted at any time between two years to 17 or more years after filing, and there have been cases in which either the patentee would enjoy only a single year of protection or the patent would be invalid upon issue – a result that is totally preposterous, unfair and unconstitutional.

26 October 2022