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In accordance with the Mexican
Patent and Trademark Law in Mexico, in order to maintain patent,
industrial design, and utility model registrations in force through
their life terms, the payment of maintenance fees is necessary.
During the past years, the manner by
which the maintenance fees have been paid, has suffered several
variations.
Therefore, a fast reference guide
reflecting the above mentioned changes is shown hereinbelow. The
abbreviations PAT, DES and UM are used in the guide to define
Patents, Industrial Designs and Utility Models respectively.
PERIOD
LIFETERM from Legal Date
WITH FINAL FEES
BASE DATE DUE ON
FURTHER ANNUITIES
1) Cases Granted from June 28/91 to Dec 31/91
PAT-20 Years
DES-15 Years
UM – 10 Years
First 3 annuities
Legal Date
The calculation of annuities must be counted as of the Legal
date.
Until 1995 paid annually on the month of January.
As of 1996 in quinquennia on January or on the month of the
anniversary of Legal Date until its expiration date
2) Cases Granted from Jan 1st/92 to Sep 30, 1994
PAT-20 Years
DES – 15 years
UM – 10 Years
First annuity
Legal Date
The calculation of annuities must be counted as of the Legal
date.
Next annuities paid annually until 1995 on the month of
January
As of 1996 in quinquennia on January or on the month of the
anniversary of Legal Date until its expiration date.
3) Cases Granted from Oct 1st/94 to Aug 31/1995
PAT-20 Years
DES – 15 years
UM – 10 Years
First annuity
Legal Date
The calculation of annuities must be counted as of the Legal
Date.
-Next annuities paid annually until 1995 on the month of
January.
As of 1996 in quinquennia on January or on the month of the
anniversary of Legal Date until its expiration date.
4) Cases Granted as of Sep 1st/95
PAT-20 Years
DES – 15 Years
UM – 10 Years
1st Quinquennium
Legal Date
For the 1st Quinquennium, the count of the annuity number to be
paid starts from Legal Date.
Following quinquennia paid every five years on the month of the
anniversary of Legal Date until its expiration date.
On the other hand, it is important to take note of the following
comments when calculating the dates of payment:
1) DIVISIONAL PATENTS: The lifeterm of the
divisional patents and the rules for payment of annuities are the
same as standard patents, depending on the date on which the
divisional patent was granted.
The LEGAL DATE of the divisional patent will be the Legal Date of
the Patent from which the divisional derives.
2) PIPELINE PATENTS: The lifeterm of the
pipeline patents granted will finish in the same date as the case
under which the application was based, but in any case the lifeterm
will exceed more than 20 years counted as of the legal filing date
of the application in Mexico.
The date for calculating the payment of annuities will begin on
the date on which the application was filed in Mexico, and the
rules for payment of annuities and the calculation of the
corresponding annuities for pipeline patents are the same as
standard patents.
3) PCT NATIONAL PHASE PATENTS: The lifeterm of
these patents will be for 20 years as of the International Filing
Date.
The rules for payment of annuities and the calculation of the
corresponding annuities for these Patents are the same as for
standard patents taking into consideration that the Legal Date is
the International Filing Date.
In accordance with our own experience, the Payment of Annuities in
Mexico has become somewhat difficult so we have designed the above
rules trusting that it may be helpful when maintenance fees have to
be paid.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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