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Patents

Between the creators and the public interest, the Industrial Property provides an environment conducive to the flourishing of creativity, innovation and business.

Our Patent Department is formed by an expert and bilingual Staff of Attorneys and Engineers in different areas i.e: electronic, biotechnology, mechanic, chemic, genetic, between others areas and who assure you the best professional services for preparing, filing and prosecute patents, PCT patents, models and utility models in Mexico and abroad.

Also, this department is capable to provide you with any legal counsel, related with the viability of any invention or any technical obstacle or need that may arises during the prosecution of a patent application, examination or during the legal life of a patent granted.

Frequently Asked Questions About Patents

1. What is an invention?

It is considered as invention all human creation which allows transforming the matter or the energy existing in the nature, for its exploitation by human and to satisfy his concrete needs.

2. Disclosure of an invention will constitute a loss of its novelty?

No, if within the 12 months counted as from disclosure date is filed the patent application at Mexican Patent Institute and by filing the supporting documents where mentions the disclosure date (pamphlet, invoice, exposition document, magazine, etc).

3. What is necessary to file a national PCT application in Mexico?

  • Title, description and claims of the invention
  • Formal Drawings
  • Applicant's name(s) and address(es)
  • Inventor's name(s) and address(es)
  • Priority date, country and number
  • Power of Attorney
  • Copy of the International Publication - WIPO

4. What is necessary to file a patent in Mexico under Paris Convention?

  • Title, description and claims of the invention
  • Formal Drawings
  • Applicant's name(s) and address(es)
  • Inventor's name(s) and address(es)
  • Priority date, country and number
  • Certified copy of the priority document
  • Power of Attorney
  • Assignment of Invention
  • Sworn Declaration to get 50% of discount on official fees (If applicant of the invention is the inventor or a small entity)

5. Is it necessary to certified and legalized the Power of Attorney document for filing a patent application?

No, it is not necessary certification and legalization of the Power of Attorney for filing a patent application. Certification and legalization is only necessary for litigation process.

6. Which is the legal life of a patent, utility model and industrial design?

Patent: 20 years counted as from filing date.

Utility Model: 15 years counted as from filing date.

Industrial Design: 5 years counted as from filing date but renewable each five years until 25 years.

8. Annuities are paid one by one in Mexico?

No, annuities are paid in sequence of five annuities.

9. When annuities are paid?

Annuities are paid once the patent application is granted; it is not necessary to pay annuities for the years preceding the date of grant are paid within the month of the anniversary of the patent.

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About us

Macotela Cervantes y Asociados S.C.

Macotela Cervantes y Asociados S.C., is a law firm based in Mexico City with more than twenty years of experience in the area of Industrial and Intellectual Property.

We have specialized in the preparation, filing, prosecution, litigation and maintenance of patents, PCT patents, utility models, industrial designs, trademarks, slogans and copyrights, for companies and/or firms abroad and in national territory.

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