The Protection of Intellectual Property in Mexico

The protection of intellectual property in Mexico consists of five different categories. They are:

The Patent – Any person that creates an invention, an industrial design or the model of an invention has the right to exploit it for personal or company gain. However, the only way to make sure of their exclusive use is to apply for and to obtain a patent. Patents that protect intellectual property in Mexico are given out by Mexico’s Patent and Trademark Office. According to the law for the protection of intellectual property in Mexico, patents are valid for a period determined by the Patent and Trademark Office. When the patent sunsets, competing individuals and companies can begin the production and sale of similar products.

The Registry – The registry works in a way that is similar to the patent but, according to intellectual property protection statue in Mexico, it is directly applicable to industrial designs or to utility models. The registration can also refer to the process that is enacted before the Mexican Intellectual Property Institute IMPI). The IMPI is the only agency in Mexico that can regulate those considerations that are related to intellectual property in all of its forms and manifestations.

The Invention – The law for the protection of intellectual property in Mexico does not strictly define this term. However, it does enumerate those things that are not looked upon as being inventions. Those items include:

• Scientific or theoretical principles;
• Natural items;
• Any business method or plans;
  Software:
• Forms of information used in presentations;
• Literary or artistic creations;
• Treatments for medical conditions.

The Utility Model – The law for the protection of intellectual property in Mexico defines a utility model as an object, tool, device or utensil that arises as a result of the modification of an existing one. This is applicable when the item can be used for more purposes than the original. The registrations that can be obtained for utility models is for a period of that is limited to ten years. There is no extension option available.

The Industrial Design – Any element that is newly made, that makes a significant improvement in the way of executing any activity is an industrial design. Industrial designs can be of two kinds. They are:

• Industrial drawings that noticeably improve the design of anything;
• Industrial models that are three-dimensional and scale models that accurately represent new items.

Steps to take for the protection of intellectual property in Mexico

1. Inform the Mexican Intellectual Property Institute (IMPI) of the need to achieve registration through an application for a patent. This can be done in person or done by an authorized legal representative. The submission of a patent must be presented for each discovery or creation.
2. Add documents that explain the creation of the patent detailed terms. This can include the Chemical or physical elements that it is comprised of, the steps included in its operation, and any specific characteristic that is required in its development, creation, or use.
3. Include all the descriptions, drawing, and diagrams with the granting of a patent.
4. Include any other document or requirement that the Mexican Intellectual Property Institute may request to proceed with granting of a patent.
5. Wait one hundred and eight days until the results of the study that is carried out by the IMPI is known.

After each of the steps in the process for securing intellectual property protection in Mexico, the issuance of the license by the IMPI will contain information regarding all rights and obligations that must be covered by the creator or inventor. The inventor or the creator of a licensed invention must also report if a patent for the item has been sought out in another country. The date on which the request for the patent was first made should be reported. The patent application for the protection of intellectual property in Mexico should not require more rights than those specified in the first country in which the patent was applied for and obtained. Finally, applications for patents in Mexico that seek and obtain certain additional rights must wait to be considered, although they will not be given priority over any other process.

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