Answer ... The exclusive right of temporary exploitation of the patented invention confers on the owner the prerogative to prevent others from manufacturing, using, selling, offering for sale or importing the patented invention without authorisation.

If the subject matter of the patent is a product, the patent confers the right to prevent other persons from manufacturing, using, selling, offering for sale or importing the patented product without authorisation. If the subject matter of the patent is a process, the patent confers the right to prevent others from using that process and from using, selling, offering for sale or importing products obtained directly from that process without authorisation. The scope of the rights conferred by a patent may not be interpreted beyond the protected matter and the provisions of the law (Article 55 of the Federal Law for the Protection of Industrial Property).

Answer ... A patent holder may enforce its rights through an administrative declaration of infringement, which may be enforced and initiated by the Mexican Institute of Industrial Property (IMPI) either ex officio or at the request of anyone with a proven legal interest.

Patent infringement and validity proceedings are administrative actions that must be pursued before IMPI. The decision can be appealed to the Administrative Court of Justice (ACJ), and thereafter to the collegiate courts. Before issuing its resolution, IMPI will conduct an analysis considering the seriousness of the infringement and nature of the potential measures, with the aim of avoiding violations of the patent holder’s rights. In its judgment, IMPI may order:

• withdrawal of the infringing merchandise from circulation;
• prohibition of its commercialisation or use;
• suspension of imports, exports or transit of goods, or provision of a service;
• closure of a specific establishment; and
• payment of damages to the patent holder.

IMPI will protect all novel qualities of a patent in any field of technology if they are strictly and explicitly claimed in the initial application through the patent specification and claims, in order to limit the protection of the claimed subject matter (Articles 45(V) and 48 of the Federal Law for the Protection of Industrial Property).

Answer ... The patent will be effective for a non-renewable period of 20 years, counted from the recognised filing date of the application, and will be subject to the payment of fees corresponding to each annuity.

Industrial exploitation must start within three years of the date of grant or four years of the filing date, whichever is the later. Failure to exploit the patent exposes the patent to compulsory licensing. The patent may lapse two years after the first compulsory licence has been requested, provided that:

• no industrial exploitation of the patent has been made; or
• a legal or economic excuse exists for not either the patent holder or a licensee not exploiting the patent.