Mexico introduces new corrective mechanism for priority documentation.

The amendments to the Federal Law for the Protection of Industrial Property (FLPIP), published today, introduce a corrective mechanism applicable to the submission of priority documents in patent, utility model, and industrial design applications.

Under Mexican law, applicants claiming priority must submit a certified copy of the priority document and, where applicable, its Spanish translation within three months from the Mexican filing date of the application.

The amendments now provide that, if IMPI identifies the omission or deficiency of such documentation, it may, upon expiration of the three-month term, require the applicant to submit the corresponding documentation within a five-business-day period.

Failure to comply with such requirement within the prescribed term will result in the priority right being deemed not claimed.

This mechanism introduces a limited opportunity to remedy omissions in priority documentation, which was previously unavailable under Mexican law.

However, given that this corrective window is triggered only after the expiration of the original three-month term, the five-business-day period may in practice be too short to obtain and submit the certified priority document and its Spanish translation, where applicable. 

It is also unclear how this mechanism will be applied to industrial design applications designating Mexico under the Hague System. However, it is expected that this amendment may open the door for IMPI to allow applicants an opportunity to remedy such deficiencies in those cases.

While this change provides an additional safeguard for applicants, it reinforces the importance of timely compliance with priority requirements.

The transitory provisions clarify that these amendments will enter into force on the day following their publication, while pending applications will continue to be prosecuted under the legal framework in force at the time they were initiated.

Further developments are anticipated, as the implementing Regulations of the Law are still pending issuance and are expected to be published in the near term.

At OLIVARES, we are closely monitoring the implementation of these changes and will keep you promptly informed of any further relevant developments.