Patent Registration

A patent is an industrial property title that grants the inventor the exclusive right to exploit an invention for 20 years in Mexico. It protects new inventions that involve an inventive step and are susceptible to industrial application. It may cover products, processes, compositions, or improvements to existing technology.

In addition to invention patents (20 years), Mexico protects: utility models (functional improvements, 15 years non-renewable), industrial designs (ornamental aspects, 5 years renewable up to 25), integrated circuit layout designs, and trade secrets. All are processed before IMPI.

To be patentable, an invention must be: (1) novel — not previously disclosed anywhere; (2) involve an inventive step — not obvious to a person skilled in the art; and (3) susceptible to industrial application. Prior disclosure can destroy novelty, so filing before publication is strongly recommended.

The IMPI process typically takes 3 to 6 years on average, depending on complexity and the number of office actions. Under the 2026 reform, IMPI is limited to issuing a maximum of two substantive office actions per application, which is expected to significantly shorten timelines.

Yes. You may claim priority under the Paris Convention within 12 months of your first patent application in any member country. You may also enter Mexico through the Patent Cooperation Treaty (PCT) by filing an international application and subsequently entering the Mexican national phase.

The PCT (Patent Cooperation Treaty) allows a single international application to be filed with WIPO, with the option of designating PCT member countries to extend protection, including Mexico. After the international search period (18-30 months), the applicant decides in which countries to enter the national phase. This provides time to assess commercial potential before incurring national costs.

The PPH is an agreement between the USPTO and IMPI that allows requesting accelerated examination of a patent application in Mexico when the USPTO has already allowed at least one claim of the same invention. This can significantly reduce the time to obtain a patent in Mexico and leverages examination work already done by the USPTO.

The Federal Law for the Protection of Industrial Property excludes from patentability: scientific discoveries, mathematical methods, business methods as such, literary or artistic works (including software programs), animal breeds, plant varieties, genetic and biologic material as found in nature, inventions contrary to public order or morality, and surgical or therapeutic methods for human or animal treatment.

Trade secrets are confidential information that provides a competitive advantage and whose confidentiality and restricted access are actively maintained. The LFPPI protects trade secrets without formal registration, but requires the owner to adopt reasonable and sufficient measures — such as non-disclosure agreements and internal access controls — to maintain confidentiality.

Costs include official IMPI fees (filing, substantive examination, annual fees) plus professional fees. The full process generally ranges between $4,000 and $6,000 USD depending on complexity and whether the application originates from a PCT or direct national filing. De Alva & Asociados provides detailed and competitive fee estimates.

Annuities are periodic payments required to maintain a granted patent in force. In Mexico, annuities are due from the moment the patent certificate issuance fee is required, once allowance is notified. Payments are made in 5-year quinquenniums by full calendar year; failure to pay within the grace period may cause abandonment or expiry of the patent.

Claims are the matter for which protection is precisely and specifically requested in a patent application — they define the legal scope of protection granted. They are the most critical part of the application: they determine the exclusive right granted, define what the holder exclusively controls, and define what third parties can and cannot do without a license. Precise, strategic claim drafting is essential.

A utility model protects functional improvements to known objects, utensils, appliances, or tools that provide greater utility or convenience, or that feature a different function or advantage. The inventive step requirement is less strict than for invention patents, and protection lasts 15 non-renewable years — an agile and cost-effective option for incremental innovations.

Yes. A patent owner may assign rights to a third party (title transfer) or authorize exploitation through license agreements. Both must be recorded with IMPI to take effect against third parties. De Alva & Asociados advises on structuring license and technology transfer agreements that maximize the value of the inventor's rights.

The LFPPI provides that IMPI may grant exploitation licenses without the patent owner's consent in cases of national emergency, public security, public health, or anti-competitive practices. A compulsory license may also be granted if the patent has not been commercially exploited in Mexico without duly justified causes, within 3 years of grant or 4 years of filing, whichever occurs later.

Infringement occurs when a third party manufactures, uses, imports, offers for sale, or sells a patented product, or applies a patented process, without the owner's authorization, within Mexican territory and during the patent's term. Infringement may result in administrative liability before IMPI (fines, closures, market withdrawals) and civil liability for damages.

Mexico recognizes a 12-month grace period: if the inventor disclosed the invention within the 12 months preceding the filing date, that disclosure does not destroy novelty for IMPI purposes. However, this grace period does not apply in all countries, so filing before any public disclosure is strongly recommended.

Software as such is not patentable when claimed as an abstract computer program. However, a software-implemented invention — one that produces a concrete technical effect in an industrial process — may be patentable if properly claimed as a process or system with defined technical features.

The substantive examination is the technical analysis conducted by IMPI to determine whether the invention meets novelty, inventive step, and industrial applicability. The examiner may issue office actions raising objections. Under the 2026 reform, IMPI may issue a maximum of two substantive office actions, requiring strong and well-documented responses from the outset.

If the applicant does not respond within the granted period (generally 2 months, with a possible 2-month extension), the application will be deemed abandoned. An abandoned application may attempt rehabilitation within 3 months, but this is not always possible. De Alva & Asociados maintains strict deadline control to prevent loss of rights.

Mexico does not have a formal pre-grant patent opposition procedure (unlike Europe). However, within a 2-month term following publication of a patent application, any interested person may submit evidence before IMPI as to patentability. Post-grant actions are also available: a nullity request before IMPI (demonstrating that patentability requirements were not met) and judicial actions before the federal judiciary.

Nullity is the action requesting IMPI to invalidate a granted patent on the grounds that patentability requirements were not met at the time of filing. Grounds include lack of novelty, absence of inventive step, or non-patentable subject matter. Nullity may be total or partial (affecting only specific claims).

A patent protects the technical or functional aspects of a product or process. An industrial design protects only the ornamental or aesthetic appearance (a combination of figures, lines, or colors) applied to a product — its visual aspect — provided that design is not dictated by its technical function. Industrial design protection lasts 5 years, renewable up to 25 years.

An application benefiting from a priority right will not be affected, in connection with the state of the art, under any circumstance following the claimed priority's filing date. From the filing date, the inventor has provisional protection. However, until the patent is granted, no enforceable rights exist against infringers. Complementary protection through confidentiality agreements and controlled access to know-how is strongly recommended during pendency.

The patent process involves specialized technical and legal knowledge: claim drafting, description writing, responses to examination office actions, deadline management, and protection strategy. De Alva & Asociados has IMPI-registered agents with over 25 years of experience across pharmaceutical, biotechnology, mechanical, electrical, and software patent matters.