PCT NATIONAL PHASE ENTRY
Mexico

The significance of obtaining a Mexican patent lies in its effectiveness for entering the Latin American market. With a large population and favorable income per capita, it may be the top choice, especially since Mexico is part of the PCT contracting states. According to WIPO, Mexico leads in patent filings among Spanish-speaking Latin American countries, making it a noteworthy reference for patent activities in the region.  The responsibility for the protection of intellectual property rights (IPR) in Mexico is distributed among various government agencies.

Mexico became a party to the Patent Cooperation Treaty (PCT) on January 1, 1995.

The major requirements and procedure to file a patent application in this jurisduction are mentioned below:

The designated period for submitting a patent application in Mexico under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority

In Mexico, the official language for filing patent application is Spanish. If the international application is in a different official language, providing a translation into Spanish is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The deadline for submitting a patent application in the following jurisdiction for late national phase entry is non-extendable. Nevertheless, the provision of a Spanish translation can be completed within a permissible period of two months.

The necessary documents required for filing a national phase application include:

• Power of Attorney: In the event that the applicant does not reside in Mexico, it is necessary to designate an agent. This involves submitting a basic power of attorney, signed in the presence of two witnesses. Each witness must sign the power of attorney and specify their address.
• Assignment Deed: the following is a legal document that becomes crucial when there is a change in ownership of intellectual property rights. In cases where the applicants in the national phase and international phase are not the same, this instrument is utilized to formally transfer these rights from the original owner to the new owner.
• Verified Spanish Translation

Inventors, small- or medium-sized enterprises, public or private institutions of higher education, and public sector scientific or technological institutions are eligible to benefit from a reduced fee structure. Specifically, they have the option to pay 50% of the applicable fees. Additionally, they are entitled to a 50% reduction in fees associated with technical information. This provision aims to support and facilitate the engagement of these entities in the patent application process by easing the financial burden associated with intellectual property protection.

The Office diligently reviews patent applications, thoroughly examining their substance for compliance and validity. Importantly, this process does not necessitate a specific request from applicants. This approach ensures a meticulous evaluation of the patent applications without imposing additional administrative burdens on the applicants.

The PPH (Patent Prosecution Highway) is a bilateral agreement recognized for expediting the processing of patent applications that have been approved by other patent offices. This agreement is established with the Mexican Institute of Industrial Property. 

This expedited process enhances efficiency and expedites the examination and approval of patents. Several agreements have been made between patent offices to encourage collaboration. These agreements allow patent applicants to ask for quicker processing in the national phase. This means that patent examiners can use work done by other participating offices. The work products may include:

• The written opinion from the International Searching Authority,
• The written opinion from the International Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, given certain conditions are met

Mexican Institute of Industrial Property has established PCT-PPH agreements with the following patent offices:

• Austria (AT): Austrian Patent Office
• Canada (CA) : Canadian Intellectual Property Office
• Chile (CL): National Institute of Industrial Property 
• China (CN): China National Intellectual Property Administration 
• Europe (EP): European Patent Office
• Spanish (ES): Spanish Patent and Trademark Office
• Japan (JP): Japan Patent Office
• Singapore (SG): Intellectual Property Office of Singapore
• United States of America (USA): United States Patent and Trademark Office

The grant fee and renewals for the first five years must be promptly settled within two months of receiving the Notice of Allowance. Following this initial period, subsequent renewals become due every five years, specifically before the anniversary of the filing date. In the event of a delay, payments can still be made within six months after the deadline, although subject to a surcharge. This mechanism ensures timely financial obligations and offers a grace period for late payments with the necessary additional charge.

Patents in Mexico remain valid for a duration of 20 years starting from the date of filing within the country. The extension of the term is contingent upon a unique provision where only half of the elapsed time delay is considered for the extension, and this extension is limited at a maximum of 5 years.

The Global Innovation Index (GII) systematically assesses the innovation capacities of various world economies. With around 80 indicators categorized into innovation inputs and outputs, the GII strives to comprehensively depict the diverse dimensions of innovation. In the GII, Mexico secures the 58th position out of the 132 featured economies, highlighting its standing in the global innovation landscape. Furthermore, within the subset of 36 upper-middle-income group economies, it attains the 12th rank, underscoring its notable innovation performance in this income category. Regionally, Mexico excels, securing the 3rd position among the 18 economies in Latin America and the Caribbean, emphasizing its influential role in fostering innovation within the region.

Ranked as the 14th-largest global economy, Mexico has established itself as a manufacturing powerhouse, owing to a series of free trade agreements with the United States, Canada, and 50 other nations. This strategic positioning has led to integrated supply chains, with numerous major U.S. manufacturers collaborating with counterparts or operating facilities in Mexico. The country plays a pivotal role in supporting exports across diverse sectors, encompassing consumer electronics, vehicles, auto parts, petroleum, and agricultural products.