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 us to protect the invention even in case of infringement (when the invention has already been registered and commercialized in another country).
The examiner evaluates whether in the prior art exists any 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.
Submission if the application before IMPI, assigning a file number for internal reference of prosecution.
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 starting from the date of the application.
An examiner evaluates if the application complies with the formal requirements of the Industrial Property Law. If there is a requirement to fulfill, IMPI notifies in writing and gives up to four months to reply.
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.
It is a publication about the invention realized by the Mexican Institute of Intellectual Property (being IMPI its acronym in spanish) in its Gazette, informing any person willing to make an objection on the patent application.