By means of a Patent registration a solution to a problem referring to a new product or process is protected. A Patent Registration grants to its holder the exclusive right to exploit the protected invention during 20 years as from its filing date, which gives a competitive advantage on the competition by placing new products on the marketplace or in industry.

Gallardo Hurtado & Cia provides the following services:

  • Presentation of patent registration in Mexico.
  • Processing of PCT national stage in Mexico.
  • Drafting and preparation of patent documents.
  • Searches of patents, analysis of technological trends.
  • Answer to requirements for official actions.
  • Annual payment for right maintenance.
  • Presentation of nullity or cancellation legal procedures.

Is a license to exploit a patent registration needs to be recorded?
Yes, registration of contracts and licenses to exploit patents in Mexico need to be recorded with the Patent Office in order to allow third parties use your patents and to make the mentioned right enforceable against third parties.

Why do I have to pay annuities?

Annuity payments are effected for the maintenance of patent rights in Mexico.

Maintain the existing exclusive rights to a patent in Mexico. The annuities must be paid each 5 years.

What documents do I need for the registration of a patent PCT national stage in Mexico ?
The following information and documentation is needed to file a national stage Patent Application in Mexico:

  1. Copy of the international application (description, claims, abstract, drawings and descriptions of the drawings).
  2. Copy of the international publication.
  3. Copy of the search report.
  4. Power of Attorney

An Industrial Design registration protects ornamental and esthetic creations which confer a novel and unique appearance to a product intended to be used or
produced. Industrial Designs may be any combination of shapes, lines or colors that are incorporated in an industrial product with ornamental purposes and to give a peculiar aspect.

If the invention is a made up of all three-d imensional shape to be used as a model or pattern for the manufacture of an industrial product, which gives it special
appearance as does not involve any technical effects, then it is registered as an Industrial Model.

Industrial Designs and Industrial Models are registered before the Mexican Patent Office, the registration grants it’s holder the exclusive right to use the invention for a period 15 years as from its legal or filing date. Annuities must be paid during its life term.