Mexico introduces restoration of priority rights for patent, utility model and industrial design applications.

The amendments to the Federal Law for the Protection of Industrial Property (FLPIP), published today, introduce a new mechanism allowing applicants to request the restoration of priority rights in patent, utility model, and industrial design applications.

The amendments allow applicants to request the restoration of priority rights within a two-month period following the expiration of the original deadline, subject to payment of the corresponding fee and submission of the certified copy of the priority document and its Spanish translation.

This mechanism operates as an exception to the general rule under which priority is deemed not claimed if the relevant requirements are not met within the 12-month term applicable to patents and utility models, and the 6-month term applicable to industrial designs.

This change introduces a level of flexibility previously unavailable under Mexican law and aligns the system with international practices, providing a limited safeguard against the loss of priority due to procedural omissions.

Notably, the amendments do not address the time limits applicable to national phase entries of PCT applications. However, it is expected that these changes may open the door for Mexico to review and potentially lift the reservations currently in place in this regard.

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 timely informed of any further relevant developments.