Patent litigation in Mexico is a relatively new field of practice for Mexican attorneys. With amendments to the Industrial Property Law which introduced the concept of damages for infringement of Industrial Property rights, and which entered into effect in 1994 and with Mexico's joining the Patent Cooperation Treaty (PCT) as from January 1995, the basis for patent litigation in our country were established.
As of today, the number of cases for patent infringement tried with the Mexican Patent Office is still relatively low, especially when compared to cases involving trademarks. As a result, we still face some inconsistencies during the process and, more importantly, in claim interpretation and in substantive issues such as novelty, inventive step and obviousness....
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