Mexico Patent Application and Registration Guide

Mexico is the second largest country in Latin America by economic scale and serves as an important market for Korean companies expanding overseas. To protect innovative technologies, it is necessary to accurately understand local patent systems and respond strategically. In this column, Overview of Mexican Patents, Application Procedure, Cost and Duration, Points Korean companies should be aware of, Strategic advice Let's take a look at these topics. 

Overview of the Mexican Patent System

Mexico's patent system is based on the Industrial Property Law (Ley Federal de la Propiedad Industrial), and patent rights are valid for 20 years from the filing date. The Mexican Patent Office (IMPI, Instituto Mexicano de la Propiedad Industrial) oversees the patent, and after 18 months from filing, the process is for publication. Mexico has been a PCT (International Patent Cooperation Treaty) since 1995, allowing entry through international applications and recognizing priority claims under the Paris Convention.

The scope of patents eligible is similar to that of Korea or other countries, Inventions that cannot be legally patented.There are also options. For example, computer programor Diagnosis and Treatment Methods Items like these are not inventions specified in Mexican law and cannot be patented. Also, regarding invention disclosure and novelty, 12-month renewal grace periodTherefore, if the invention is disclosed within one year from the filing or priority date (such as self-disclosure by the inventor or presented at an official exhibition), novelty is still recognized.

Mexico Patent Application Procedure

Mexican patent applications are handled directly (via the Paris Convention) and Via PCT international application There are two paths. In both cases, Submit Spanish Statement and Appointment of Local AgentsThis is mandatory, and electronic applications are possible. Below, we look at the requirements for each procedure.

Entry Procedures to Mexico via PCT

After filing an international application (PCT) in Korea or elsewhere, Entering the domestic phase in MexicoTo do Within 30 months from the priority dateYou need to enter. Within this deadline, entry documents must be submitted to the Mexican Patent Office and the royalty paid; deferral of entry after the deadline is not allowed. Initially, the specification can be submitted in English or other languages, but within the period designated by the Mexican Patent Office (about 2 months), Spanish Translationmust be submitted.

The documents required for entry are as follows: Application form, Copy of the Public Gazette for International Applications, International Investigation Report (ISR), Receipt for application fee payment and usually a simplified Power of Attorney (POA) must be submitted together. The power of attorney must be signed by the applicant and two witnesses, but notarization or consular certification is not required. Mexico utilizes the international Patent Office Decision (PCT) PPH(Patent Prosecution Highway) If the international survey results are favorable for participating countries, the PPH can accelerate the review.

Direct Application Procedure Based on the Paris Convention

If a prior application is filed overseas, Claim of Paris Treaty PriorityThrough Mexico Direct applicationYou can. At this time Within 12 months from the priority dateYou must file an application in Mexico, and after this period, you cannot claim priority. When filing directly in Mexico, you must submit a specification in Spanish, but you can first file in another language and then submit a translation within two months according to the Mexican Patent Office's requirements.

The application must include Background of the invention, detailed description, claims, drawings, summary and at the time of filing, Proof of Fee Paymentis necessary. If priority has been claimed, a copy of the priority certificate (certified copy) must be submitted within 3 months after filing. Additionally, a local patent attorney is designated as your agent, Power of attorneyYou must submit it, but for electronic applications, you can also submit a scanned copy, which also requires the signatures of two witnesses.

Review and Registration Procedures

Mexican patent application Method Reviewand Substantive examinationIt passes through. There is no separate examination request system; substantive examination is automatically conducted upon application. The procedures for responding to corrections or notices of rejection during the review process proceed similarly to those in Korea. Average from the filing date Patent registration after 3~4 yearsand within two months after a notification of allowance is issued, Registration Feeand Initial annual paymust be paid. Mexico is unusually high in annual pay 5-year unitsWe have a system in place for payment. In other words, at registration, you pay the registration fee and annual leave for years 1~5 together, and then pay the annual leave fee for the following five years in advance at the 5th, 10th, and 15th years. (If overdue, additional fees can be paid within 6 months).

Patent application costs and processing time

From filing to registering a patent in Mexico Cost and Timeis a crucial element in establishing a company's IP strategy. Application Costs In terms of this, the royalty (application fee) paid to the Mexican Patent Office is about 3,147 Mexican Peso (about 200,000 KRW) That's the level. If your application is first reviewed (Chapter II), a slightly discounted amount will be applied. However, the actual cost is Spanish translation costs, Local agent fees and so on, which can add to the amount. For example, according to estimates by a U.S. law firm, the initial cost of entering the domestic phase of Mexico's PCT About $5,000 This is estimated to be about 5~6 million won. Companies should consider these budgets when selecting the country of application.

DurationAs mentioned earlier, Average 3~4 years It takes about a certain amount of time before the patent is registered. This can vary depending on the backlog of screening and may vary slightly depending on the technical field. If you want to secure rights quickly, PPH utilizationor for important applications Request for expedited review after early disclosure and so on. For reference, patent applications are published 18 months after filing, so you need to consider when your technology will be exposed to competitors.

Points Korean companies should be aware of

To Mexico Patent ApplicationWhen conducting the process, Korean companies and patent attorneys should pay special attention to the following points:

• Language and Translation: Mexican patent specification Submit in SpanishIt must be done. Since the accuracy of the translation directly affects the scope of patent rights, professional translation must be used to ensure there are no mistranslations or omissions. In particular, it is important to consult with a local agent to determine the Spanish expressions of technical terms.
• Local Agents and Procedures: Even if a Korean company files directly, it must appoint a Mexican patent attorney (local representative), and a power of attorney, etc. Formal Requirementsmust be met. The procedure differs from Korea, such as requiring signatures from two witnesses on the power of attorney, so preparation is necessary in advance. Additionally, close communication with local agents is necessary to ensure timely responses to announcements or notifications from the Mexican Intellectual Property Office (IMPI).
• Scope of patent protection: The scope and interpretation of patent protection in Mexico are determined by the scope of claims, and there is not much difference from Korea, Non-patent subjectThis may be different from Korea. For example, Software alone is not recognized as a patent.These are important considerations for companies with relevant technologies. These inventions may require indirect strategies, such as combining hardware with hardware or emphasizing technical effects.
• Local legal differences: According to Mexican patent law, Obligation to perform There is a clause. If the invention is not locally implemented (including preparation) within 3 years after the patent is registered (or within 4 years from the filing date) and there is no justifiable reason, a third party may apply for a compulsory license (compulsory license). In other words, if you only secure the rights and neglect them, there is a risk that your patent may be forcibly licensed, so you should consider your business plan in Mexico together. However, although it is rare for the right of compulsory license to be exercised, it is legally possible.
• Patent Enforcement and Disputes: In Mexico, in case of patent infringement administrative procedureand Civil Lawsuit There are two ways to respond. Traditionally, Administrative Actions Through IMPIand since the 2020 legal revision, Filing a lawsuit directly in civil courtThis has also been codified. If an IMPI makes a judgment during administrative proceedings, it should be referred to the IP specialized court appeal lawsuitThis is the structure that raises the issue. Korean companies should understand this dual structure when responding to infringements and, if necessary, seek the opinions of local law firms to select the optimal response path. Also, cross-border Counterfeit Goods Crackdown (Customs Measures) and so on, you can also consider registering your patent with the Korea Customs Service.

Patent Strategy for Entering the Mexican Market

To successfully secure intellectual property rights in the Mexican market, thorough prior Patent Strategy Establishment is required:

• Consider overseas applications from the early stages: When developing new products or technologies, you must plan overseas applications, including Mexico, at the same time as filing domestic patents. Especially in the United States, China, and other countries, Mexican patent applicationBy including this in your initial strategy, you can build strong entry barriers when entering the Latin American market in the future. Considering the cost burden PCT International ApplicationBy using it, you can buy 30 months from the filing date to determine whether you have entered Mexico.
• Compliance with priority periods and response to competition: When you wish to file directly in Mexico under Paris Treaty priority after filing in Korea Within 12 monthsYou must proceed with it. Delays must be minimized, as competitors may file similar technologies in Mexico first. Also, even before filing in Mexico, if you plan to publicly disclose or exhibit your products locally, you should first complete the patent application. first-to-file principleYou must secure a preemptive position of rights according to the above. Mexico follows the principle of first-to-file, so filing late may result in loss of rights.
• Specification localization and collaboration: Rather than directly translating the Mexican application specification from the Korean application, Refine it to fit local legal terminology and customsis good. For example, reflecting Mexican examiners' preferences in claim structure or dependent clause formats can reduce rejection rates. For this purpose Collaboration with local patent attorneyssupplement the statement by supplementing the statement and, if necessary, Prior Art SearchIt is also strategically useful to check whether similar technologies exist in Mexico or neighboring countries.
• Utilizing PPH and accelerated audits: If a patent is first obtained in Korea or the United States, in Mexico examination, Patent Prosecution Highway (PPH) You can use the program to conduct reviews quickly. By using PPH, the review period that typically takes an average of four years can be significantly reduced, allowing early rights acquisition to help keep competitors in check. Additionally, the Mexican Patent Office accepts early publication requests but does not have a separate early examination system, making PPH effectively the only means of acceleration.
• Securing Auxiliary Rights: In Mexico, Utility Model There is a system in place, so if you do not fully meet the patent requirements, Improved inventionIn such cases, utility model registration may be considered. Utility models Registration based solely on novelty without requiring inventivenessIt can be achieved, and the protection period is 15 years. For protection of product design aspects Design Patent (Industrial Design) Applications should also be reviewed. With such diverse forms of intellectual property rights, PortfolioBy securing this, you can strengthen your competitive edge in the Mexican market.
• Rights Maintenance and Utilization: After obtaining a patent, Regular annual fee paymentsand Rights utilization planThis is important. Since annual leave fees in Mexico are in five-year increments, payment timing must be managed, and the patent technology must be directly implemented locally, licensingIt is recommended to establish a strategy for commercialization through this method. If a Korean company has a production or sales base in Mexico, through patents, Controlling imitation by local manufacturers or competitorsand, if necessary, be prepared to enforce your rights through legal action. Conversely, even if there is no immediate local business plan, licensing out or A lever for technological cooperationTherefore, it is important not only to secure rights but also to actively seek ways to utilize them.

Conclusion

Mexico Intellectual Property Protection institutional improvements are continuously being carried out, and with the expansion of Korea-Mexico economic cooperation, interest from Korean companies is also increasing. "Mexican Patent Application" and if a clear understanding and strategy for "Mexican intellectual property" are preceded, it will be possible to effectively defend technological competitiveness in the local market and increase the likelihood of business success. Stay updated on changing laws and practices, and work with patent attorneys to implement strategies for obtaining patents in Mexico.