The novelty of an invention which may qualify for patent protection has been kept in the present Law under the same terms as those used in the former law, namely, absolute novelty continues to be required for granting a patent. (Article 17).

Regardless of the above, the prior disclosure of an invention, if made by the inventor or by applicant, through any communication means, or by reducing the invention to practice, or by displaying the same in a national or international exhibition, does no longer constitute a bar to novelty, provided that the Mexican application or the foreign application on which priority is claimed is filed prior to the expiry of a term of one year as of the date of the first disclosure.

The official publication of an invention contained in an application or in a granted patent effected by any Patent Office is not included within the above exception. (Article 18).

The Regulations of the Mexican Patent Law require, when filing the application, that the inventor or applicant describe the nature of the previous disclosure made by him or it, mentioning the date of said previous disclosure, but without the actual filing of any documentary evidence of said fact. Said documentary evidence may be required by the IMPI at a later date, if necessary.

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.