Amendments to Mexican Industrial Property LawPosted on 21/03/2018 by balder
The 13 March 2018 edition of the Official Gazette published some amendments to the current Mexican Industrial Property Law. All changes will enter in force on 27 April 2018.
Some amendments affect the current regulation concerning patents, utility models and designs. Designs will experience significant chances, such as the following that we would like to highlight:
- Article 31 of the current regulation does not currently define the terms “independent creation” or “significantly” concerning the novelty requirement for designs. Such concepts will now be defined and clarified.
- The term of protection for designs will be modified as well. It will consist on a term of 5 years, with five possible renewal periods, up to 25 years – instead of just the 15-year term currently applicable. Design applications granted before the changes enter in force will benefit from this extended protection period by filing a simple petition at the end of the 15-years period.
- Design applications -including divisional applications- will now be published upon completion of their formal examination – not once granted. Once published, design applications will be open to public inspection and any third parties willing to file observations will now be entitled to do so within two months from the publication – not six months anymore.
- An indication of the product to which the design will be applied will now be required too.
- Pending design applications may benefit from all changes in the regulation by filing a petition before 8 June 2018.
Last of all, as far as patents and utility models is concerned, we would like to highlight that utility model applications will also be published as soon as the formal examination is completed instead of after grant. The same applies to divisional patent and utility model applications. Once published, patent and utility model applications will be open to public inspection. On the other hand, the term for submission of third party observations is reduced from six to two months as of publication of the application.