ARTICLE
23 November 2020

Patent Priority Rights

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.
The Federal Law for the Protection of Industrial Property (new IP Law), which will enter in force on November 5, 2020, envisages new legal standards regulating the priority rights in Mexico.
Mexico Intellectual Property

The Federal Law for the Protection of Industrial Property (new IP Law), which will enter in force on November 5, 2020, envisages new legal standards regulating the priority rights in Mexico. The most relevant changes regarding priority rights are:

  • Even though the new IP Law provides, as a requirement for the recognition of priority rights, the filing of a certified copy of the priority application, it also provides that the Head of the Patent Department will issue a Decree indicating the circumstances under which it will not be required to file a certified copy.

Before the abovementioned Decree is issued, the certified copy of the priority applications must be filed with the Mexican Patent Office (MPO; otherwise, the MPO will refuse the recognition of the priority rights.

  • A new cause of invalidation is included in the new IP Law, according to which the patent will be declared invalid if the priority right was mistakenly recognized by the MPO and such mistake was relevant for the examination of the novelty and inventive step of the patent subject matter.

Consistent with the Paris Convention the period of priority remains 12 months for patents and utility models and 6 months for industrial designs.

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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