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FAQ

PCT/Paris Route Entering Into Mexico

In Mexican Patent Law, "invention-creations" mean patents, utility models and designs.

"Patent" means any new technical solution relating to a product, a process or improvement thereof. Once granted, it can last as long as 20 years. That’s why most oversea patents entering into Mexico are filed as “Patent” considering the longer protection term than "Utility Model".

"Utility Model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Once granted, it can last as long as 15 years. In Mexico, there is no substantive examination for utility model.

"Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application. Once granted, it can last as long as 25 years.

The applicant should enter Mexico by PCT national phase within 30 months, or by Paris Convention Route within 12 months from the priority date.

The Reasons to Choose Mexico:

A Newly Industrialized Country with Unique Geographical, Resource, Market and Investment Environment Advantages

Patent Prosecution Highway (PPH) which Provides Accelerated Patent Prosecution Procedures with the Support of the MIIP

Eligible to Convert a Patent Application into a Utility Model Application within 3 Months if the Applicant Receives the First Decision from the MIIP that the Patent shall be Refused.

Most Likely to Obtain a Certificate from the MIIP at the End of the Day

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination By The Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

SUBSTANTIVE EXAMIANTION

Request for Examination has to be made at the time of filing the application;

STEP 5:

GRANT

Issuance Of Patent Certificate (Taking Around 4 Years After Application)

Documents

Required

Power of Attorney (PoA).

PCT Application Number if it’s PCT National Phase, Else Original Patent Application Information is Required.

Frequently Asked Questions:

When should I file the PCT national entry into Mexico? icon icon
  • You’d better enter Mexico by PCT national phase within 30 months from the priority date.
What’s the requirement of language for the patent application? icon icon
  • Spanish version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Request for examination has to be made at the time of filing the application.
Is it hard to get it granted in Mexico and how long will it takes? icon icon
  • It is not hard to get it granted in Mexico and it will take around 4 years after application. In Mexico, you are eligible to convert a patent application into a utility model application within 3 months if you receive the first decision from the Mexican Institute of Industrial Property that the patent shall be refused, which means that you are very likely to get a patent certificate at last.
Does Mexico accept PPH to accelerate the examination? icon icon
  • Yes. By request for PPH, it only takes around 1 year from filing to grant.

Brief Introduction of PPH in Mexico

Patent Prosecution Highway(PPH) is a mechanism to facilitate expedited examination of applicants. Mexico has established PPH cooperation with most major economies. And the PPH request is only applicable to patent application in Mexico.

PPH has two main advantages. For one thing, the PPH application will greatly shorten the pending period for the patent to be substantially examined by the examiner. Normally, the first office action(if any) will be issued within 2 months after the PPH request has been accepted, comparing with 12 to 18 months of pending period for the general application after requesting for substantive examination. For another, the authorization rate is higher than the general application.

If the PCT application has received a positive written opinion or an international preliminary examination report of patentability at the international phase, the applicant can file a PCT-PPH request to the Patent Office at the same time when we request for the substantive examination at the national phase. Else if you’ve chosen Paris Convention Route to enter into the national phase, General-PPH may be requested if you can provide the Office Actions, Responses to those Office Actions and Grant Notice(if any) of the Priority Patent.

Since the request for substantive examination has to be made at the time of filing the application in Mexico, we will ask you if you are intended to request PPH before officially filing the application.

Estimated Cost for Filing a Patent

Description
Price (USD)
Attorney Fee
850
Govt Fee*
400
Translation Fee**
540
Total
1,790
Get Started
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules.

**

The translation fee is estimated based on 3,000 English words. It will be charged later since we need to check the number of words in the abstract, specification, and claims.