Comparative Guides
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Results: 4 Answers
Patents
1.
Legal framework
1.1
What are the sources of patent law in your jurisdiction?
 
Mexico
Mexican patent law is contained in the Mexican Industrial Property Law and its complementary regulation, as follows:

  • general provisions - included in Articles 9 to 26 of the Mexican Industrial Property Law and Article 22 of its complementary regulation;
  • prosecution provisions - included in Articles 38 to 61 of the Mexican Industrial Property Law and Articles 24 to 49 of its complementary regulation;
  • patent licensing and transfer of rights provisions - included in Articles 62 to 77 of the Mexican Industrial Property Law and Articles 50 to 52 of its complementary regulation; and
  • patent litigation provisions - included in Articles 78 to 80, as well as in general litigation provisions under Articles 187 to 222 of the Mexican Industrial Property Law.

The Mexican Industrial Property Law and its complementary regulation are directly applicable throughout the entire Mexican territory; therefore, compliance is binding on all companies and authorities.

The Mexican Industrial Property Law is influenced by the main international patent treaties, such as:

  • the Paris Convention (in force since 27 July 1976);
  • the Agreement on Trade-Related Aspects of Intellectual Property Rights (in force since 1 January 2000);
  • the Patent Cooperation Treaty (in force since 1 January 1995); and
  • the Strasbourg Agreement Concerning the International Patent Classification (in force since 26 October 2001).

Moreover, there are several procedural laws that apply to the different stages and instances of patent litigation.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
1.2
Who can register a patent?
 
Mexico
A patent may be registered by any person or company, regardless of nationality or industry.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril