As of July 14, 1994, Mexico accepted to be bound by the Patent Cooperation Treaty (PCT) and on October 1, 1994 deposited its instrument of accession before the International Bureau of the World Intellectual Property Organization.
As a consequence, Mexico decided to be bound by Chapter I and II of the PCT commencing on January 1, 1995. As of said date, international applications under the PCT from nationals and residents of Mexico are being accepted by the Mexican Institute of Industrial Property (IMPI).
The following table shows the Mexican international applications filed by nationals before the IMPI acting as Receiving Office from 1995 to 1998:
|
Year |
1995 |
1996 |
1997 |
1998 |
|
International applications |
9 |
22 |
40 |
59 |
In connection with the PCT National Phases, as of January 1, 1995, Mexico can be mentioned as a designated country in any international (PCT) application by way of a specific designation or by way of a precautionary designation subject to confirmation.
Designation of Mexico abroad is followed by the corresponding National Phase application filing procedure, depending on the chapter of the PCT (Chapter I or II). The following table shows the amount of international applications filed before the PCT, the amount of designations to Mexico and the amount of patent applications entering in Mexico as National phases from 1995 to 1998:
|
PCT APPLICATIONS |
|||
|
International Applications |
Applications Designating Mexico |
Entered to Mexico |
|
|
1995 |
38,906 |
18,901 |
159(*) |
|
1996 |
47,291 |
26,455 |
2,558 |
|
1997 |
54,422 |
31,915 |
6,569 |
|
1998 |
62,500 |
27,500 |
7,190 |
|
(*) Chapter I applications. |
|||
|
Information obtained from IMPI |
|||
The following table shows the increase in PCT applications entering the National Phase from 1995 to 1998:
|
Year |
1995 |
1996 |
1997 |
1998 |
|
PCT Applications |
159 |
2,558 |
6,569 |
7,190 |
|
Normal applications |
5,234 |
4,193 |
3,962 |
3,703 |
|
TOTAL |
5,393 |
6,751 |
10,531 |
10,893 |
|
Information obtained from IMPI |
||||
From this table it is possible to conclude that from 1995 to 1996 there was a 1508.8% increase in PCT applications; from 1996 to 1997 there was a 156.8% increase; and, from 1997 to 1998 there was a 9.45% increase.
As you may see from the table, the adhesion of Mexico to the PCT has produced an increase in the filing of PCT patent applications and a decrease in the filing of normal applications. For this year, the IMPI is expecting to receive more or less 12000 patent applications among PCT applications and normal applications.
The content of this article is intended only to provide general guidelines related to this particular matter. For your specific circumstances, full specialist advise is recommended.
