With the enactment of the FLPIP, the enforcement of industrial property rights in Mexico has undergone a number of significant changes that fundamentally impact both the conceptual understanding of patent law and the strategic approach required to ensure effective protection of patent rights. While most of the definitions and institutions traditionally governing patent law have … Read more
In principle, all inventions that meet novelty, inventive step and industrial application requirements are patentable in Mexico. Specific exemptions apply to software and to biological and genetic material as found in nature, as neither would be considered an invention. Furthermore, inventions claiming the following will not be subject to patent protection: Other than the exceptions … Read more
The major, and most significant, recent development has been the enactment in November 2020 of the FLPIP. The FLPIP has introduced new concepts into the industrial property system such as patent term extension, damages (which can now be determined and awarded by the MPTO) the partial cancellation of trademark registrations, and conciliatory proceedings aimed at … Read more
In Mexico, the Federal Law for the Protection of Industrial Property (FLPIP) provides the legal system governing trademarks, patents, utility models, designs, trade secrets, designations of origin and integrated circuits. Of particular significance in Mexican law is its unique concept of utility models, which in Mexico are limited to improvements to existing tools and distinct … Read more