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Patent Priority Rights

The Federal Law for the Protection of Industrial Property (new IP Law), which will enter in force in November 5, 2020 foresees new legal standards regulating the priority rights in Mexico. The most relevant changes regarding priority rights are: 

  • Even though the new IP Law provides as a requirement for the recognition of priority rights the filing of a certified copy of the priority application, it also provides that the Head of the Patent Department will issue a Decree indicating the circumstances under which it will not be required to file a certified copy. 

Until the above mentioned Decree is issued, the certified copy of the priority applications must be filed with the Mexican Patent Office (MPO) within a period of 3 months as of the filing date; otherwise, the MPO will refuse the recognition of the priority rights. 

  • A new cause of invalidation is included, according to which the patent will be declared invalid if the priority right was mistakenly recognized by the MPO and such mistake was relevant for the examination of the novelty and inventive step of the patent subject matter. 

Consistent with the Paris Convention the period of priority remains of 12 months for patents and utility models and 6 months for industrial designs. 

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Daniel Sánchez

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.
Sergio L. Olivares Sr.

Sergio L. Olivares Sr.

Partner

Sergio L. Olivares Sr. joined OLIVARES in 1987 and today leads the firm with strength and a commitment to transparency, client satisfaction, and personal service. He has been a partner since 1994 and Chairman of the Management Committee since 2009.

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000

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