In order to make them to have the benefit of the exclusive right of their inventions, because we know the economic importance of patenting, as well as the legal and administrative implications.
Investigation and technological development so huge nowadays, position us in the knowledge line for treating patents, industrial designs and utility models; to achieve the above, we extend our services as follows.
- Inventions: Any human creation that allows matter or energy existing in nature to be transformed for utilization by man for the satisfaction of his specific needs; having industrial applicability. Inventions are present in all technical areas known on products, formulae, compositions, methods and, in general, they are a new know-how or a new solution for a technical problem, will be protected as a PATENT.
- Utility Model: Any objects, utensils, appliances or tools which, as a result of a modification in their arrangement, configuration, structure or form, offer a different function with respect to their components parts or advantages with respect to their use, or provide a technical effect that previously lacked, shall be considered utility models.
- Industrial Designs shall include:
- Two-dimensional industrial designs, which are any combination of shapes, lines or colors incorporated in an industrial product
- Three-dimensional industrial designs or models, constituted by any three-dimensional shape that serves as a model or patterns for the manufacture of an industrial product, and only the appearance is protected without involving any technical effect
- Searches of the Prior Art: Searches carried on the prior art to ensure that our customers’ invention is novel and has not been registered in Mexico or in another country, which allows the protection of the invention, or avoid infringement in case of a previous acquired right in the country where the same is commercialized.
- Technical descriptions: Development of drafting inventions made by one skilled in the corresponding technical area, comprising the same spirit and scope of the invention and made according to the Mexican practice.
- Applications in Mexico and abroad claiming priority under the Paris Convention or PCT:
- National: Applications firstly filed in Mexico.
- Paris Convention: Mexico is a member of the Paris Convention, so when you want to apply abroad, there is a period of 12 months to apply the same national application in one or several countries members of the Paris Convention, claiming priority rights, that is, maintaining the same filing date of the first application.
- International PCT Application: The Patent Cooperation Treaty (PCT) is an agreement for filing patent applications, which objective is to organize the application, the international search and the preliminary examination.A PCT application does not itself result in the grant of a patent, since there is no an "international patent", and the grant of patent is a prerogative of each national or regional authority. The main purpose of a PCT application is to simplify and make the procedure more efficient and economical for applying protection of an invention in those countries of the applicant’s interest to initiate national phases.
- National Phase: Once concluded the PCT procedure, usually at 30 months of the first filing date of the initial application, from which you have claimed priority, you start to pursue the grant of the corresponding patent directly before the national patent Offices of those countries in which you want to obtain it.
- Substantive or in-depth examination: Analysis and preparation of response to technical requirements made by Mexican Patent Office during the substantive examination to determine the novelty, inventive activity and industrial applicability of the invention for its granting. Our clients receive a report about the requirements, as well as an opinion for responding or clarifying whatever conducive.
- Freedom to Operate (FTO): Analysis for determining whether a particular action, such as commercialization of a product, can be done without infringing effective industrial property rights of others. For example, when you want to manufacture a product or specific medication, it is possible to do so lawfully free if there is no patent, trademark or other intellectual property rights protecting such product, the process used to obtain it or the way of commercializing it in Mexico.
1. Search of the Prior Art
Research on the technical knowledge that has been made public by oral or written description, to ensure that our client’s invention is novel and has not been registered in Mexico or some other country, allowing the invention can be protected or avoiding infringement in case it is registered in the country where the product is to be commercialized.
2. Patent application
Filing of the application before IMPI, assigning a file number for internal reference of prosecution.
3. Formal or Administrative Examination
An examiner evaluates the application meets the formal requirements of the Industrial Property Law. If there is a requirement to fulfill, IMPI informs in writing and gives a period to respond up to four months.
It is a publication of the invention, made by the Mexican Institute of Industrial Property, which through its Gazette informing anyone who would like to make an objection on such patent application.
5. In-depth or technical examination
The examiner evaluates whether in the prior art exist background information affecting the novelty or inventive activity of inventions, conceding the applicant up to four months to fulfill the substantive requirements; these office actions can be repeated up to three times.
6. Granting and issuance of Letters Patent
Once the office actions have been overcome by the applicant, the Institute shall grant the patent on his behalf for a period of 20 years as of the filing date of the application.
7. Quinquennial Payment
Granted the patent, to keep it in force, annuity payment is required every five years, such payment corresponds to official fees paid on behalf of the State.