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The amendments to the Federal Law for the Protection of Industrial Property (FLPIP), published today, introduce, for the first time in Mexican law, a mechanism allowing applicants to request the reinstatement of rights lost due to missed deadlines during prosecution.
This mechanism applies to patent, utility model, and industrial design applications, and covers failures to comply with requirements issued during formal examination, substantive examination, or at the grant stage.
Applicants may request the reinstatement of rights within a 15-business-day period, counted from the business day following the expiration of the missed deadline.
Such request must be filed together with full compliance with the omitted requirement and payment of the corresponding official fee. If accepted, IMPI will allow the application to continue prosecution.
This represents a significant shift from the previous system, where failure to meet certain deadlines resulted in definitive abandonment with no possibility of reinstatement.
The introduction of this mechanism aligns Mexican law with international standards regarding the restoration of rights.
The transitory provisions clarify that these amendments will enter into force on the day following their publication and will apply to applications filed on or after that date, while pending applications will continue to be prosecuted under the legal framework in force at the time they were initiated.
Further developments are anticipated, as the implementing regulations of the law are still pending issuance and are expected to be published in the near term.
At OLIVARES, we are closely monitoring the implementation of these changes and will keep you timely informed of any further relevant developments.
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.
