PCT Applicant's Guide Mexico EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Mexican Institute of Industrial Property

MFL: Mexican Federal Law on Administrative Procedures

MPL: Mexican Patent Provisions under the Federal Law on the Protection of Industrial Property

MPR: Mexican Patent Rules under the Industrial Property Regulations

List of currencies used in this document:

MXN (Mexican peso), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 20.8(a), Rule 20.8(a-bis), Rule 20.8(b) , Rule 20.8(b-bis), Rule 49.6(f), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Mexico

Two-letter code:

Name of Office:

Mexican Institute of Industrial Property

Location:

Arenal 550
Col. Pueblo Santa Maria Tepepan
C.P. 16020
Ciudad de México
Mexico

Mailing address:

Same as above

Telephone:

(52-55) 5334 07 00 (extensions 10606, 10010)

E-mail:

epct@impi.gob.mx

Website:

http://www.impi.gob.mx

Facsimile:

(52-55) 55 44 31

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Utility models

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

After a patent has been granted, the applicant is entitled to damages for the period following the international publication of the international application. For that purpose, and if the international publication has not been effected in Spanish, the applicant must submit to the Office a translation of the international application into Spanish. The provisional protection applies as from the date of publication in Spanish of the international application.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Mexico

Language in which international applications may be filed:

Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3)

Spanish

Language accepted for language-dependent free text in the sequence listing:

Spanish,

Spanish and English

Language in which the request may be filed:

Spanish

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 9 July 2015, pages 119 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “unintentional” criterion to such requests

Competent International Searching Authority:

AT,

CL,

EP,

ES,

KR,

SE,

SG,

Competent International Preliminary Examining Authority:

AT,

CL ¹,

EP ²,

ES,

KR,

SE,

SG ¹,

US ¹

Fees payable to the receiving Office:

Transmittal fee:

This fee includes value added tax (VAT) of 16%.

— for a natural person

93.87 USD

— for a legal entity

375.50 USD

International filing fee:

1,435 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

216 USD

Electronic filing (the request, description, claims and abstract in character coded format):

324 USD

Search fee:

Refer to
Annex D(AT)
Annex D(CL)
Annex D(EP)
Annex D(ES)
Annex D(KR)
Annex D(SE)
Annex D(SG)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

— for black and white copy:

per page 11.46 MXN

— for color copy:

per page 14.60 MXN

This fee is subject to a national tax of 16%

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

None

Is an agent required by the receiving Office?

No, if the applicant resides in Mexico
Yes, if the applicant is a non-resident

Who can act as agent?

Any resident of Mexico

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

At the time of filing (must be in the description)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Where the filing fee has been paid and a copy of the international application has been provided to the Office within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit

Spanish

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be paid within the time limit applicable under PCT Article 22 or 39(1)

This fee is subject to a national tax of 16%

Patents

Filing fee

— where the national phase is entered under PCT Article 22

3,147 MXN

—where the national phase is entered under PCT Article 39(1)

1,500 MXN

— fee per sheet in excess of 30

61 MXN

Utility models

Filing fee

— where the national phase is entered under PCT Article 22

2,000 MXN

—where the national phase is entered under PCT Article 39(1)

1,350 MXN

— fee per sheet in excess of 30

61 MXN

Exemptions, reductions or refunds of fees:

Applicants which are inventors, small or medium-sized enterprises, public or private institutions of higher education or public sector scientific or technological institutions may pay 50% of the applicable fees in accordance with Title II of the Industrial Property Law as well as 50% of those related to technical information.

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Document evidencing the entitlement to apply for a patent ³

Instrument of assignment where the applicants in the national phase and international phase are not identical

Appointment of an agent if the applicant is not resident in Mexico

Who can act as agent?

Any resident of Mexico

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

MX.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

MX.02 TRANSLATION (LATE FURNISHING OF)

MPL Art. 13, MPR Art. 5(VII)¶3
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1) but the national fee indicated in the Summary has been paid and a copy of the international application has been furnished within that time limit, the translation can still be furnished within a further period of two months.

MX.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex MX.I.

MX.04 POWER OF ATTORNEY

MPL Art. 27 (I or II)
If the applicant is not resident in Mexico, an agent must be appointed by filing a simple power of attorney signed in the presence of two witnesses, each of whom must sign that power and indicate his address. In addition, but only in the case of an applicant which is a legal entity, the power must state that the person signing on behalf of that legal entity has authority to do so and must cite the relevant document supporting such statement. A model power of attorney is given in Annex MX.II.

MX.05 INSTRUMENT OF ASSIGNMENT

MPL Art. 137, MPR Art. 9(II)
Where the applicant in the national phase is not identical to the applicant in the international phase, he will be invited to furnish a certified copy or an originally signed version of the document(s) containing the assignment of the rights to the application.

MX.06 EXAMINATION

MPL Art. 50, MPL Art. 110, MPL Art. 111, MPR Art 42, MPR Art 43, MPR Art 44, MPR Art 45
The Office examines patent applications as to substance. No request is necessary and no special fee is required.

MX.07 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, MPL Art. 116
The applicant may amend or correct the description, claims or drawings at any time during the patent procedure before the notice of allowance, provided that the scope of the subject matter of the application is not broadened thereby.

MX.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS

MPL Art. 117
The Office does not excuse the failure to comply with a time limit, either during the international phase or during the national phase, unless otherwise specified in this Chapter.

MX.09 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Office.

MX.10 UTILITY MODELS

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, MPL Art. 58, MPL Art. 59, MPL Art. 60, MPL Art. 61, MPL Art. 62, MPL Art. 63, MPL Art. 64
If the applicant wishes to obtain a utility model instead of a patent in Mexico on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

MX.11 CONVERSION

MPL Art. 103, MPR Art. 41
An international application for a patent may be converted into a utility model application, and vice versa, within three months after the applicant has performed the acts for entering the national phase indicated in the Summary, or within three months from the date on which the Office has required him to make the conversion, as long as the application has not become abandoned. The applicant should submit proof of payment of the applicable fee together with the request for conversion or upon compliance with the requirements for conversion.

MX.12 APPEALS

MFL Art. 83
The applicant may request reconsideration of a decision to refuse to grant a patent or utility model by submitting to the Office, in writing, within 15 days from the date of the notification of refusal, a request for reconsideration accompanied by any relevant documentation. A decision by the Office denying reconsideration will be communicated to the applicant in writing and published in the Gazette of the Office.

Annexes

Annex MX.I - Fees

The Office or the agent should be consulted for the applicable schedule of fees

Patents

Filing fee

This fee is subject to a national tax of 16%

— where the national phase is entered under PCT Article 22

3,147 MXN

— where the national phase is entered under PCT Article 39(1)

1,500 MXN

— fee per sheet in excess of 30

61 MXN

Priority claim fee

per priority 1,066.17 MXN

Annual fees:

— for the 1^st to the 5^th years

per year 1,161.90 MXN

— for the 6^th to the 10^th years

per year 1,360.69 MXN

— for the 11^th and each subsequent year

per year 1,536.99 MXN

Utility models

Filing fee

This fee is subject to a national tax of 16%

— where the national phase is entered under PCT Article 22

2,000 MXN

— where the national phase is entered under PCT Article 39(1)

1,350 MXN

— fee per sheet in excess of 30

61 MXN

Priority claim fee, per priority

1,066.17 MXN

Annual fees:

— for the 1^st to the 3^rd years

per year 1,099.39 MXN

— for the 4^th to the 6^th years

per year 1,122.83 MXN

— for the 7^th and each subsequent year

per year 1,290.36 MXN

How can payment of fees be effected?

The payment of fees must be effected in Mexican pesos. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid. All fees must be paid to the Office through a person who has an address in the national territory. The applicant must attach the payment receipt to his application.

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex MX.II - Power of attorney

Notes:
¹ ^a ^b ^cThe Office is competent only if the international search is or has been carried out by that Office.
² ^aThe Office is competent only if the international search is or has been carried out by that Office, the Austrian Patent Office, the Spanish Patent and Trademark Office or the Swedish Intellectual Property Office (PRV).
³ ^aThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Processing

MX - Mexico
Mexican Institute of Industrial Property

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

MX - Mexico Mexican Institute of Industrial Property

Error Information Warning Confirmation

MX - Mexico
Mexican Institute of Industrial Property