ARTICLE
23 November 2020

Grace Period For Prior Art Disclosures In Mexico

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
As of November 5, 2020, a new Federal Law for the Protection of Industrial Property (IPPL) will supersede the current Industrial Property Law (IPL). The IPPL provides new rules regarding the...
Mexico Intellectual Property

As of November 5, 2020, a new Federal Law for the Protection of Industrial Property (IPPL) will supersede the current Industrial Property Law (IPL). The IPPL provides new rules regarding the grace period for prior art disclosures.

These new provisions will only apply to patents that are prosecuted and granted after November 5, 2020. Therefore, it is important to have in mind both laws when analyzing which regulations apply.

The IPL provides a one-year grace period for prior art disclosures made by the inventor/s or its assignees, by any means of communication, or by putting it into practice or displaying it at a national or international trade show. The petition for the grace period and the documents for proving the disclosure were needed together with the filing of the patent application, under the IPL.

Now, the new IPPL, broadens the activities that may qualify for getting the grace period, including now any disclosure made directly or indirectly by the inventor/s or its assignees, as well as including include any disclosure made by any third party that obtained the information directly or indirectly from the inventor/s or its assignees.

Also, any patent application publication made by any foreign patent office due to a mistake, or the publication of a patent application by any foreign patent office filed by a third party that obtained the information directly or indirectly from the inventor/s or its assignees, will also qualify as prior art disclosures that can be benefit from the one-year grace period.

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.

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