GRA

Goodrich, Riquelme y Asociados

INTELLECTUAL PROPERTY > PATENTS

LIST OF REQUIREMENTS

Specification and claims.

  1. Drawings in quadruplicate, if necessary.
  2. Name, nationality and address of the applicant(s).
  3. Name, nationality and address of the inventor(s).
  4. State or Country of incorporation of the applicant if it is a corporation, partnership, limited company, etc.
  5. Date, title, serial number and country of origin of the priority to be claimed (if any).
  6. Date and circumstance of any prior disclosure of the invention (if any).

AFTER FILING:

Number of days due after filing

  • Formal drawings: 30
  • Abstract of the disclosure: 60
  • Power of attorney: 60
  • Mexican assignment, if the applicant is not the inventor, signed by the inventor and the assignee. Notarization or legalization not required: 60
  • Written evidence of deposit of biological material in an Institution recognized by the IMPI, if applicable: 60
  • Documentation showing prior disclosure of the invention, if applicable: 60
  • Certified copy of the original application, if priority is claimed: 90
  • Certified translation of priority certificate, when required: 90
  • Certified copy of novelty examination or issued patent from any counterpart filed in any country member of PCT: 18 months

GENERAL INFORMATION IN MEXICO PATENTS OR DESIGNS OR UTILITY MODELS

  1. Which formal papers must be submitted with the application to obtain a filing date?
    1. Form to IMPI with particulars of application, including industrial number and date of deposit of biological material, if applicable.
    2. Specification and claims (Spanish).
    3. Copy of P.C.T. application (English), if applicable.
    4. Informal drawings, if applicable.
    5. Copy of International Search Report, if under Chapter I.
    6. Copy of International Preliminary Examination Report, if under Chapter II.
    7. Copy of modifications to specification and claims, if not included in 1.2 above.
  2. Which additional formal papers are required to complete filing?
    1. Formal drawings, if applicable.
    2. Power of attorney.
    3. Assignment, if applicable.
    4. Priority document (English and Spanish), if applicable.
    5. Copy of deposit of biological material (effected prior to filing), if applicable.
    6. Copy of P.C.T. publication.
  3. How long is the normal term given to submit each additional document after filing, and what is the total charge for official fees and our services for late filing?
    1. The normal term to submit documents of 2.2. 2.3. above is two (2) months from the date sent by IMPI.
    2. The normal term to submit documents of 2.1. and 2.6. above is two (2) months from filing.
    3. The normal term to submit document of 2.4. above is three (3) months from filing.
    4. The normal term to submit document of 2.5., above, is six (6) months from filing.
    5. Cost for late filing:
      1. Our fees 146.00
      2. Government fee 26.23 *(see Footnote)
      3. TOTAL $172.23 USCy. Plus expenses, if any.
  4. Is the normal term for submission after filing extendible? Is more than one extension given? What is the total charge (Official fees and our services) for each extension (additional to the late filing of 3. above)?
    1. The normal terms of 3.2., 3.3. and 3.4. above are not extendible.
    2. The normal term of 3.1. above is extendible for one (1) month or two (2) months.
    3. Cost for time extensions:
      1. One month Two months
      2. Our fee 146.00 146.00
      3. Govermment fee 18.11 36.22
      4. TOTAL $164.11 $182.22 Plus expenses, if any.
  5. Can the required initial filing term for forms be met by filing a facsimile of the executed form within the normal term and then filing the original later (what later term and is it extendible)?
    1. Facsimile copies of forms to IMPI may be accepted up to the due date.
      Originals must be on file one (1) day later. Additional extensions
      are not allowed.
  6. Regarding assignment, can a certified copy of the assignment of the basic application (which also transfers rights to the invention and the priority claimed in all countries) be used? If so, is a notarized certification, e.g., by an employee of applicant, stating that the copy is a true copy of the original, sufficient or is a certification by the foreign Patent Office required? If the foreign assignment is used and it transfers "all rights" (that is, including priority rights), is there any need for a separate assignment of priority rights?
    1. A copy of the priority assignment may be acceptable if it is certified by the foreign PTO.
    2. There is no need for a separate assignment of priority rights.
  7. Is a separate power of attorney required for each application or is it possible to file a general power (or authorization authorizing us to act in all cases for a particular applicant? If such a general power is permitted, can it be for an unlimited duration or must it be renewed after a given period? Can an applicant grant general powers to more than one agent, or will the filing of a general power automatically revoke the power of other agents to file and prosecute cases for that applicant?
    1. One (1) single general power of attorney may be sufficient to act in all cases for an applicant.
    2. A general power of attorney may be renewed in accordance with changes in the laws of Mexico.
    3. An applicant may grant general powers to more than one agent and revoke the earlier powers of other agents, if he so desires.
  8. Regarding the forms in our country, which ones require notarization only, or also legalization (can an apostille be used?). In the case of a legalization requirement, can a final date be met by (1) filing a notarized (not authenticated) duplicate original, or by (2) filing a facsimile of the original, and what term is granted for filing the fully legalized original (is the term extendible?).
    1. No forms require notarization or legalization, with the exception of assignments between corporations, that must be certified by a Notary Public and legalized by the Mexican Consul or by Apostille.
    2. In the case of a legalization requirement, a final date can be met by filing a facsimile of the original, and the original one (1) day later.
    3. Final dates are not extendible.
  9. Regarding legalized forms (where needed), are there further legalization requirements which we will attend to? What is the total of any official fees and our services?
    1. Legalized forms require certified translations of any wording which is not in the Spanish language at a cost of US$40.00 per page.
  10. If a translation of the specification from English is needed, must it be filed to obtain an application filing date or can it be late-filed? If late-filed, what is the term and our costs (total of official fees and our services)?
    1. A translation of the specification into Spanish is mandatory no later than 60 days from the filing date.
    2. Our translation fee is $40.00 USCy per page if it is done in more than 15 days.
  11. If we charge for urgent translation from English, when is such a charge made, and how is it calculated?
    1. Surcharges for rush handling or translations are calculated as
      follows:
      1. If done in less than 10 days before filing the cost is US$80.00 per page.
      2. If done in more than 10 days but less than 15 days before filing the cost is US$63.00 per page.

These are an approximate costs only. All Government fees are paid in pesos. The rate of exchange changes daily. The conversion of pesos into dollars must be as of the date of payment.