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 can be done directly by either the inventor or the owner of
the invention, due to legal 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, therefore, 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 of 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 $905 to $1,257. For reporting and filing a response against official actions, our fees are $550, therefore, the costs for securing patent rights in Mexico are approximately $2,500 to 3,500. Te costs of defending a patent vary
depending on the subject matter and nature of the infringement.
patents in your jurisdiction? Te best tool for searching for information regarding existing patents in Mexico is the
Is there anything unusual about the patent law(s) that companies should be aware of, and what are the most common mistakes business make? International harmonisation and membership of the North American Free Trade Agreement has shaped the Mexican Industrial Property Law into a dynamic body. Tere are, however, a few details that should be taken into account, especially for the pharma and biotech industry, such as the lethargic protection of
database of the Mexican Institute of Industrial Property (IMPI). Te system is user-friendly, simple and dynamic, although the lack of servers suited for heavy traffic sometimes makes it slow and subject to crashes. Te information can also be obtained from private patent databases, but the continuous updates of the IMPI’s database make it the most reliable source of patent information.
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 carefully utilise all the legal recourses available to the plaintiff, such as preliminary measures and legal instances.
Have there been any changes to the patent law(s) in the last 12 months? Nothing of relevance has changed to the Mexican patent
law. However, we expect data
exclusivity rights. It is hoped that the 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 is the duration of an infringement trial in Mexican courts, which in some cases may take more than ten years to reach an 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: the first step would be to investigate and thoroughly research all the facts and gather all
104 World Intellectual Property Review Annual 2015
important developments in a couple of years at the most, due to the inclusion of Mexico 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 trademark rights and what protection do they grant? Trademark rights are secured by obtaining a certificate of registration, by the filing of a trademark application. Te protection is harmonised in accordance to international treaties and will grant the owner with exclusive use for ten-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 $500 to $850.
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