WIPO-administered Treaties: 

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months. 

Patent Law in force: 

Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020 

Types of protection available: 

Patent of Invention; Utility Model. 

Formal filing requirements: 

  • Power of Attorney merely signed (no legalization required) within 60 days from office action. Possible extension of term.
  • Assignment document from the inventors merely signed (no legalization required) within 60 days from office action (not required for entry into national phase of PCT applications). Possible extension of term.
  • Digital copy or certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available). DAS system is available.  

Filing of the patent application in a foreign language: 

Possible. Late submission of the Spanish translation is possible within 60 days from office action. Possible extension of term.  

Substantive examination must be requested by the applicant: 

NO 

Search report must be requested by the applicant: 

NO 

Observations by third parties: 

YES, within 2 months from publication. 

Opposition: 

NO 

Average time from filing to grant: 

3 years 

Term of protection for patents: 

20 years from filing date. 

Term of protection for utility models: 

15 years from filing date. 

Differences between utility model and patent: 

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step. 

Maintenance: 

Payment for periods of 5 years after grant. 

Compulsory licensing: 

YES 

Link to Patent Office: 

http://www.impi.gob.mx/