Updates on the patent maintenance system in Mexico

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Updates on the patent maintenance system in Mexico

Sponsored by

olivares-400px.jpg
File Folder Labeled as Patents.

For a long time, the Mexican Industrial Property Law remained static. However, in the last years, the law has been amended, having an impact on the lifespan of design registrations. Furthermore, due to the recent international commitments of our country, a new law has been approved further modifying the patent maintenance system.

On 2018, the amendments to the law modified the length of protection for design registrations. Before the amendments, design registrations were protected for 15 years. The amendments modified this by providing a first period of protection of five years which could be renewed four times, giving a total length of protection of 25 years. The amendments also applied to pending design registration applications and registrations already granted.

The new Law for Industrial Property Protection, which will come in force in the final months of 2020 maintains the aforementioned amendments and also provides an increment in the time of protection for utility models, which has changed from a previous 10-year lifetime to a new 15-year period of protection.

Finally, the new law follows the recent international commitments made by our country, and includes the possibility of a complementary certificate which aims to adjust the time of protection of a granted patent when the Mexican Patent Office determines that there was unreasonable delay in the prosecution of the patent. The regulation for the new law is still awaiting publishing, and the details for the granting of complementary certificates is a completely new practice in our country, therefore, further details on this matter will be clarified in the following months.

In conclusion, we consider that the changes concerning the period of protection for inventions in our country are very positive and will be an advantage for our patent system and ultimately for the owners of patents in our country.

more from across site and SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article