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.