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 are secured by the filing of a patent application, in 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, due to technicalities, experience needed and knowledge of the law, it is highly advisable to request 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.
What are the costs for obtaining a patent, and what are the costs of defending it?
Our fees for filing a patent application in Mexico vary depending on the kind of priority that is being claimed, Patent Cooperation Treaty phase and number of claims, from $1,050 to $1,557. For reporting and filing a response against official actions, our fees are $750, therefore, the costs for securing patent rights in Mexico are approximately $3,500 to $4,500.
Where can you find information on existing patents in your jurisdiction?
Te best tool for obtaining information regarding existing patents in Mexico is the database of the Mexican Institute of Industrial Property (IMPI). Te system is user-friendly, simple and dynamic, however, the lack of servers suited for heavy traffic sometimes makes it slow and subject to crashes.
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes business make?
International harmonisation and membership of the North American Free Trade Agreement (NAFTA) have shaped the Mexican Industrial Property Law into a dynamic body, however, there are few details that should be taken into account, especially for the pharma and biotech industries, such as the lethargic protection of data exclusivity rights. It is hoped that the upcoming Trans-Pacific Partnership Agreement (TPP) will solve some pending issues and provide access to patent term restoration and adjustment.
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 duration of an infringement
is the trial in Mexican
courts, which in some cases may take up to 10-plus years to reach its end. Te length and associated costs oſten discourage patent owners from bringing suit against possible infringers, since the benefits of litigation are diminished for this reason.
Te best option for curbing possible patent infringement is to implement a legal strategy, not simply litigation. A clear example would be a possible infringement in pharma cases; 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 timely and carefully 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?
No, but we expect important developments in a couple of years, due to the inclusion of Mexico
126 World Intellectual Property Review Annual 2013
as a negotiating party of the TPP. Te most significant changes may occur in the patent landscape, due to the addition of patent term restoration and adjustment, as well as data exclusivity protection for biotech drugs.
Trademarks
How do you register or secure trademarks rights, and what protection does it grant? Trademark rights are secured only by obtaining a certificate of
registration, by the filing 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 a trademark, and what are the costs of defending it?
For preparing and filing a trademark application, our fees are $398 plus $202 for government rights. Our fees for reporting and responding an official action range from $100 to $250, therefore, securing trademark protection in Mexico costs approximately $950 to $1,150.
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
We have not detected key threats to trademark owners in Mexico, nonetheless, 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, the development of a legal strategy to bring infringers to a halt should include trademark litigation, administrative
and/or regulatory
possible—and precise and strategic knowledge of pre-emptive measures and legal recourses.
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