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Patents

We guide our clients with responsibility and experience in the entire process, since the preparation and submission of their patent applications until their granting in areas such as Pharmaceutics, Chemical, Electro-mechanical and Biotechnological. We are committed to give our clients the best service in order to make them obtain the exclusive right of their inventions as we know the importance of patenting in economic, legal and administrative terms.

Nowadays, the areas of research and technological development are so huge that we are in need of having and adequate knowledge for registering patents, industrial designs and utility models. In order to achieve the aforementioned, we offer the following services:

Patents, Industrial Designs and Utility Models

Inventions: any human creation with industrial application that transforms matter or energy, already existing in nature, in order to be used by humans with the purpose of satisfying their specific needs. Inventions are present in all technical areas regarding products, formulae, compositions and methods. In general, they are a new know-how or a new solution for technical problems; therefore, they have to be protected as a PATENT.

Utility Model: any object, utensil, application or tool which, as a result of a modification in their arrangement, configuration, structure or form, offer a different function regarding their parts or advantages, or even provide a technical effect they previously lacked.

Industrial Designs shall include:
• Two-dimensional industrial designs, which are any combination of shapes, lines or colors incorporated in an industrial product.
• Three-dimensional industrial designs or models, constituted by any three-dimensional shape that serves as a model or patterns for the manufacture of an industrial product, and only the appearance is protected without involving any technical effect.

Searches of the Prior Art

Research regarding a previous state-of-art: a research to ensure that our client’s invention is novel and has not been registered in Mexico or any other country. This allows us to protect the invention even in case of infringement (when the invention has already been registered and commercialized in another country).

Technical descriptions

Technical descriptions: the invention’s drafting by specialized staff in the corresponding technical area and according to Mexican prescribes and practice.

Applications in Mexico and abroad claiming priority under the Paris Convention or PCT

• National: Applications firstly filed in Mexico.
• Paris Convention: Mexico is a member of the Paris Convention, so when you want to apply abroad, there is a period of 12 months to apply the same national application in one or several countries members of the Paris Convention, claiming priority rights, that is, maintaining the same filing date of the first application.
• International PCT Application: The Patent Cooperation Treaty (PCT) is an agreement for filing patent applications whose objetive is to organize the application, the international research and the preliminary examination. APCT application does not always result in the grant of a patent since there is no “international patent” and the process corresponds to each national or regional authority. The main purpose of a PCT application is to simplify and make the procedure more efficient, even in economic terms, in order to protect an invention in those countries where the applicants are intersted.

National Phase

National Phase: Once concluded the PCT procedure, usually 30 months after initiated the first application phase, we start to pursue the grant of the corresponding patent directly before the National Patent Offices located in the countries in which you want to obtain it.

Substantive or in-depth examination

Substantive or in-depth examination: Analysis and preparation of response to technical requirements made by the Mexican Patent Office during the substantive examination to determine the novelty, inventive activity and industrial applicability of the invention for its granting. Our clients receive a report about the requirements, as well as an opinion for responding or clarifying whatever conducive.

Freedom to Operate (FTO)

Freedom to Operate (FTO): Analysis for determining whether a particular action, such as commercialization of a product, can be done without infringing effective industrial property rights of others. For example, when you want to manufacture a product or specific medication, it is possible to do so lawfully free if there is no patent, trademark or other intellectual property rights protecting such product, the process used to obtain it or the way of commercializing it in Mexico.

  • About the process
  • About the process

    1. Search of the Prior Art

    Research on the technical knowledge that has been made public by oral or written description, to ensure that our client’s invention is novel and has not been registered in Mexico or some other country, allowing us to protect the invention even in case of infringement (when the invention has already been registered and commercialized in another country).

    5. In-depth or technical examination

    The examiner evaluates whether in the prior art exists any background information affecting the novelty or inventive activity of inventions, conceding the applicant up to four months to fulfill the substantive requirements; these office actions can be repeated up to three times.

    2. Patent application

    Submission if the application before IMPI, assigning a file number for internal reference of prosecution.


    6. Granting and issuance of the patent

    Once the office actions have been overcome by the applicant, the Institute shall grant the patent on his behalf for a period of 20 years starting from the date of the application.

    3. Formal or Administrative Examination

    An examiner evaluates if the application complies with the formal requirements of the Industrial Property Law. If there is a requirement to fulfill, IMPI notifies in writing and gives up to four months to reply.

    7. Quinquennial Payment

    Granted the patent, to keep it in force, annuity payment is required every five years. Such payment corresponds to official fees paid on behalf of the State.

    4. Publication

    It is a publication about the invention realized by the Mexican Institute of Intellectual Property (being IMPI its acronym in spanish) in its Gazette, informing any person willing to make an objection on the patent application.

    Mexico City

    Campeche #289 - 501
    Col. Hipódromo
    Del. Cuauhtémoc
    C.P. 06100, Mexico City

    +52 (55) 52 02 73 98
    iperez.navarrete

    Creativity:
    Quality that makes us unique.

    Our best idea is to develop a strategic and innovative alliance with your trademark, patent, industrial designs, etc., to protect your concept or idea without territory restrictions, making it a strong, profitable and sustainable asset.

    Experience:
    Submission of cases, follow-up, litigation at any level and preservation of Intellectual Property Rights.