Comparative Guides
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Results: 4 Answers
Patents
8.
Claim construction
8.1
When during a patent infringement action are claim terms defined by the tribunal?
 
Mexico
Infringement actions are heard and decided by the Mexican Institute of Industrial Property (IMPI). IMPI will issue a technical report, which is prepared internally by the patents group, in which the claims are construed and compared with the allegedly infringing product based on the evidence provided by the parties. In other instances, the claims are analysed and construed once the parties and IMPI have provided all evidence for the case.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
8.2
What is the legal standard used to define claim terms?
 
Mexico
Claims are construed based on the literal drafting of the claims, but interpreted in the context of the specification and drawings. Under this approach, the law establishes that “the rights conferred by a patent shall be defined by the granted claims and the specification and drawings shall serve to interpret them only”. This criterion has been confirmed in court decisions which are not binding precedent, but merely a reference. It is thus possible to use self-defined terms to interpret the claims.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
8.3
What evidence does the tribunal consider in defining claim terms?
 
Mexico
The tribunal must use only the literal drafting of the claims and the specification and drawings, as necessary, to clarify the terms in the claims.

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