Contact IIPLA today for Fees associated with Mexican PCT national phase entry applications in Mexico
Deadline for Mexican PCT national phase entry
The deadline for the Mexican PCT national phase entry in Mexico is 30 months from the priority date. Its restoration is not possible.
Filing requirements in Mexico
You have to translate the international application in Spanish. Initially, you can file the application in any language; nevertheless, within two months, the patent office issues office action requesting translation into Spanish.
To obtain the date of filing, a Mexican PCT national phase patent application should contain: technical documents (background of the summary, invention, description, claims), signed application, in any language, copy of the International Publication, drawings, copy of the International Application Status Report and the receipt of payment of government fees, copy of the International Search Report.
A simple signed POA must be provided with the application. It must be signed by the person who grants it, and two witnesses are required. There is no need for Certification and legalization of this document.
Priority Document is not necessary for the Mexican PCT National Phase entry.
Examination of a PCT national phase patent application in Mexico
In Mexico, patent applications undergo formal and substantive examinations. It is initiated automatically. There is no need for a special request or fee.
Novelty grace period
The novelty grace period in Mexico lasts 12 months before the Mexico filing date or before the priority date
– If the disclosure occurs after public disclosure of the same invention by the parties set forth above.
– If the disclosure was made by the inventor or by a person who obtained the information from the inventor (directly or indirectly);
Grant, validity term and maintenance fees
In Mexico, Patents are valid for 20 years. The grant fee and annuities for the first five years shall be paid within 2 months from the receipt of the Notice of Allowance. The succeeding annuities shall be paid every 5 years before the expiry of the anniversary of the filing date. Late payment is possible within six months. During the grace period, there are no additional charges for payment
Duration of the registration procedure
In Mexico, it takes an average of 4 years from filing to granting of a patent.
In Mexico, it is possible to obtain utility model protection through the PCT National Phase.
Representation by a patent attorney
In Mexico, for foreign patent applicants, it is necessary to perform patent prosecution through an attorney or agent registered in Mexico.