Mexico: Patent, Industrial Designs And Utility Models And Their Maintenance Of Rights In Mexico

Last Updated: 15 September 2008
Article by Oscar González-Vazquez

Most Read Contributor in Mexico, November 2018

After going through formal and substantive examinations, patents, industrial designs, and utility models reach to their allowance. At that moment, the hard work for maintaining these registries in force begins.

In order to keep the industrial property rights of the above mentioned legal figures, either annual or quinquennial payments must be entered in the Mexican Institute of Industrial Property (IMPI by its initials in Spanish) so they can remain in force through all their period, which is defined in the Mexican Industrial Property Law.

Current maintenance fees are based on the Fee for Services Rendered by the IMPI, which was published in the Mexican Official Gazette on August 23, 1995, where the General Dispositions read as follows:


FIRST. This Fee will remain in force until the Board of Chairmen of the IMPI approves any modifications to the same, by previous authorization of the Tax Ministry.

The Fees will be paid in the amount and for the concepts defined for every chapter.

The Fees established in this Tariff will be paid in the IMPI offices or in the authorized financial offices.

Overcharges will be paid according to the provisions of the Federal Tax Code.

These fees are compulsory to every user of the Mexican Industrial Property System, either national or foreign.

SECOND. Patent, industrial design, and utility model applications are not subject of annual payments meanwhile the respective Letters patent, industrial design, or utility model are allowed.

When paying the grant fee, it will be considered as paid all the annuities due during the examination of the application, from the filing date until and inclusive the previous calendar year to the date on which the patent or registration is allowed.

At the moment of settling the payment for the issuance of the respective Letters, it will be necessary to also enter the annuity fee corresponding to the current calendar year plus the next four.

The payments corresponding to annuities, will have to be settled in anticipated quinquenniums and for the whole calendar year, independently from the dates of filing of the application, of the respective issuance of the Letters; the expiry date or of the lifeterm of the right. The owner of the patent or registration will be able to pay two or more quinquenniums in advance.

The last payment to be effected for covering annuities will include the remaining year or years of the lifeterm of the patent or registration.

Annuity payments will have to be paid within the month corresponding to the anniversary of the filing date.

THIRD. It will be possible to request that a payment wrongly made, be applied to a different application, patent or registration, when an evident error to the eyes of the Mexican Authorities exists.

Regarding this disposition, it is important to mention that although it is available, this procedure almost never occurs because the IMPI criteria are very strict. The IMPI normally processes payments according to the information in the payment format and rarely considers the possibility of an error occurring when filling the format.

FOURTH. Individuals, small entities, public or private education or academic institutions, scientific and technical research institutes of the public sector, can apply for paying only 50% of the fees on some of the items mentioned in the IMPI tariff.

FIFTH. The VAT (Value Added Tax) tax will be applied to these fees according with the Federal Tax Code and the Federal Tax Law and its Regulations. Actually, this VAT is of 15%.

However, services rendered abroad will be free of the VAT charge according to the Patent Cooperation Treaty (PCT).

It is worth to mention that all these dispositions and fees are in force since September 1st, 1995.

From the above, it can be noted that benefits as Small Entities for individual inventors, small industries, scientific research institutes and academic institutions exist because the payment of annuities is included in the benefit of 50%.

Enterprises that are not consistent with the features above will not be subject to these benefits, but they can choose to pay for the duration of the validity of the patent, industrial design, or utility model in advance.

According to the author, it is unfortunate that this mechanism of settling the payment in whole in advance has not given the expected results. Although the payment of the whole validity period might not reflect in savings in the fees, it does in the excessive administrative burden generated when controlling future deadlines in the present and also in an eventual increasing of the fees.

Thus, it could be useful to take this option in consideration and make an assessment before planning the payment of annuities for a patent, industrial design or utility model application.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions