MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, SEPTEMBER 2008
In recent months, the Mexican Patent Office (IMPI) has changed its practice regarding the time limit to file divisional applications. In cases where divisional applications are filed as a result of a requirement regarding lack of unity of the invention, they must be filed simultaneously with the response to said requirement, rather than at a later date, as was traditionally acceptable.
Examiners support the new practice under the interpretation of article 44 of the domestic patent law, which establishes strict compliance with the restriction requirement. If this requirement is not met, the application will be considered abandoned.
Of course, the applicant has the opportunity to voluntarily file a divisional application under the provisions of the Paris Convention, and may file divisional applications at any time before the patent is granted. Thus, IMPI’s interpretation of Article 44 can be disputed.