The following information is required when filing an application. Please read carefully the notes below each section.
1. NAME, FULL DOMICILE AND NATIONALITY OF THE INVENTOR(S).
2. NAME, FULL DOMICILE AND NATIONALITY OF THE APPLICANT(S).
If the applicant is a corporate entity indicate place of incorporation (Country or State).
3. TITLE OF THE INVENTION
4. SPECIFICATION, CLAIMS AND ABSTRACT
NOTE: Bear in mind that under the Mexican Law of Industrial Property, the following are not deemed to be inventions:
- Theoretical or scientific principles;
- Discoveries consisting of making known or disclosing something that already existed in nature, even if previously unknown to man;
- Schemes, plans, rules and methods to perform mental feats, games or businesses and mathematical methods;
- Computer software;
- Forms of presentation of information;
- Aesthetic creations and artistic or literary works;
- Methods of surgical or therapeutical treatment or diagnosis applicable to the human body, and those relating to animals; and
- The juxtaposition of known inventions or mixtures of known products, their variation of use, form, dimensions or materials, unless they are actually combined or merged in such a manner as not to be able to operate separately or that the qualities or characteristic functions thereof are modified to obtain an industrial result or use not openly apparent to a person versed in the subject matter.
And that the following are not patentable:
- Processes that are essentially biological for the production, reproduction and propagation of plants and animals;
- Biological and genetic material as found in nature;
- Animal breeds;
- The human body and the living parts that compose it; and
- Plant varieties; however, effective as of October 26, 1996 Mexico enacted a Federal Law of Plant Varieties, which is administered by the Ministry of Agriculture. Filing requirements for Plant Varieties Applications can be sent with our compliments, upon request.
5. PRIORITY DATA (if the application is based on foreign patent application (s)).
- Provide the complete serial number of the patent application (s), country (ies) and filing date (s), clearing indicating month, day and year.
6. DRAWINGS (if any)
- The drawings must be submitted concurrently with the filing of the application.
- It is possible to submit informal drawings concurrently with the application if the formal drawings cannot be prepared in time. Formal drawings must be filed within a non-extendible term of two months commencing from the filing date of the application.
The requirements for the formal drawings are as follows:
- The formal drawings must be originals prepared in black ink and on 36kg, bond paper.
- Paper size can be either 21.5cm x 28cm or A4 (21cm x 29.7cm.)
- Three duplicates which can be quality photocopies.
- Limits for the area surface employed for the figures are 17.5cm x 24.5 cm and 17cm x 26.2cm, respectively depending on the paper size.
- No sketches or handwritten notations are permitted.
- No legends are permitted with the exception of a word or isolated words when absolutely indispensible, such as "water", "vapor", "open", "closed", etc, and in the case of electric circuits, etc, the code words indispensable for their understanding.
THE ABOVE MENTIONED REQUIREMENTS (SECTIONS 1 THROUGH 6) ARE ABSOLUTELY NECESSARY FOR OBTAINING A FILING DATE. THE FOLLOWING DOCUMENTS CAN BE SUBMITTED AFTER FILING THE APPLICATION.
7. FORMAL DRAWINGS
- If the formal drawings were not filed concurrently with the application, they can be filed within an non-extendible term of two months commencing from the filing date of the application.
8 CERTIFIED COPY (IES) OF THE PRIORITY DOCUMENT (S)
- If the application is to be filed claiming priority (ies) under the Paris Convention, the certified copy (ies) must be filed with the Mexican Patent Office within a non-extendible term of three months commencing from the filing date of the application.
9. POWER OF ATTORNEY
There are several forms of Power of Attorney for the prosecution of patent applications. Two forms are available for this procedure:
- Form 2 is to be used when the applicant is an individual and must be granted before two witnesses, indicating therein their full names and addresses below their signatures. No notarization or legalization is required.
- Form 4 is to be used when the Power is granted by a corporation or any other corporate entity for procurement of legal protection only. No notarization or legalization is required. Indicate immediately below the text of the Power itself at (1) the corporate resolution (such as Charter of Incorporation or By Laws or Board of Directors meeting or the like) whereby the Officer executing the Power was given authority to grant Powers of Attorney or a specific Power, mentioning its place and execution. The signature of two witnesses are also required, indicating their names and full domiciles below their signatures.
- Should the applicant or applicants find it necessary to grant a Power of Attorney to take nullity and enforcement actions it is recommended they contact a Mexican lawyer who can provide the appropriate form and explanations.
10 ASSIGNMENT OF RIGHTS OF THE INVENTION
An Assignment of Rights of an invention from the inventor(s) to applicant is required.
- If the inventors assigned their rights worldwide to the applicant, it will be necessary to file a certified copy thereof, duly legalised by the Mexican Consul or legalised by Apostille, in countries that are members of the Hague Convention.
- If the rights have not been previously assigned for Mexico then it is possible to use our form of Assignment of Rights which does not require notarization of Apostille. The form of the Assignment of Rights must indicate the full names of the inventor(s) and Assignee and must be executed before two witnesses, whose signatures, full names and addresses must also be indicated
This article is intended to provide a general guide to the subject matter and should NOT be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.
