BUSINESS BRIEF: MEXICO


BUSINESS BRIEF: MEXICO Patents


How do you register or secure patent rights, and is national or international coverage most appropriate?


Patent rights in Mexico are secured by the filing of a patent application in strict compliance with the Mexican Industrial Property Law. While filing and prosecuting a patent application is a task that can be done directly by either the inventor or the owner of the invention, the technicality and knowledge of the law oſten requires the assistance of patent professionals in order to increase the probabilities of success. Mexico also offers protection for utility and design patents.


Mexican law, judiciary precedents and administrative criteria are factors that have to be carefully weighed prior to the filing of a patent application. For example, pure soſtware patents and business method patents are not granted in Mexico, so a Mexican soſtware developer would have to rely on copyright protection for his work and pursue patent rights in countries such as the US or Japan.


What are the costs for obtaining and defending a patent?


Te fees for filing a patent application in Mexico vary, depending on the kind of priority that is being claimed, Patent Cooperation Treaty (PCT) phase and number of claims, from US $1,050 to $1,557. For reporting and filing a response against official actions, the fees are US $750; the costs for securing patent rights in Mexico are therefore approximately US $3,500 to $4,500.


Where can you find information on existing patents in your jurisdiction?


Te first resource to explore while searching for information regarding existing patents in Mexico is the database of the Mexican Institute of Industrial Property. Te database is simple and dynamic but the lack of servers suited for heavy traffic make it slow and subject to occasional crashes. Te information can also be obtained from private patent databases, but the continuous updates of the Institute’s database make it


the most reliable source of patent information. Written requests are slowly becoming a thing of the past.


Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?


International harmonisation and membership of the North American Free Trade Agreement between the US, Canada, and Mexico (NAFTA) has shaped the Mexican Industrial Property Law into a dynamic body, but there are a few details that should be taken into account, especially for the pharma and biotech industries, such as the lethargic protection of data exclusivity rights.


What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?


Te biggest jeopardy to patent owners is the duration of an infringement trial in Mexican courts, which in some cases may take more than 10 years. Te length and associated costs oſten discourage patent owners from bringing suit against possible infringers, since the benefits of litigation are diminished as a result.


Te best strategy to curb possible patent infringement is to implement a legal strategy, not blunt litigation. A clear example would be a possible infringement in pharma cases. Te first step would be to investigate and thoroughly research all the facts and gather all the possible evidence; the second step would be to analyse whether patent litigation is the only available measure to bring against the possible infringer, since more oſten than not, regulatory and administrative aspects could also assist in curbing the infringement. Likewise, a business approach should also be analysed, due to its time and money- saving nature; the third step would be to utilise all the legal recourses available to the plaintiff, such as pre-emptive measures and legal instances.


Have there been any changes to the patent law(s) in the last 12 months?


132 World Intellectual Property Review Annual 2012


Nothing of relevance has changed in Mexican patent law. We expect important developments in a couple of years at the most. Te most significant changes may occur in the pharma and biotech industries, since patents for formulation or second medical use could be included within linkage regulations, as well as a more stringent data exclusivity protection.


Trademarks


How do you register or secure trademarks rights, and what protection does it grant? Trademark rights are secured only by obtaining a registration certificate, by means of a trademark application. Te protection is harmonised in accordance with international treaties and will grant the owner with exclusive use for 10-year renewable periods.


What are the costs of registering and defending a trademark?


For preparing and filing a trademark application, the fees are US $398 plus US $202 for government rights. Our fees for reporting and responding an official action range from US $100 to $250, so securing trademark protection in Mexico costs approximately US $950 to $1,150.


What is the best strategy for dealing with trademark infringement?


Trademark owners are not risk-free, and should take measures against infringement similar to those in any other developed country.


To protect their investments, trademark owners should maintain outstanding legal management of their trademarks in order to avoid defensive nullity suits. Infringement is not curbed by litigation, so the development of a legal strategy to bring infringers to a halt should include trademark litigation, administrative and/or regulatory actions and precise and strategic knowledge of pre-emptive measures and legal recourses.


What are the most common mistakes www.worldipreview.com


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