Overview of the legal framework

Mexico’s IP system is centred on the Federal Law on the Protection of Industrial Property and mainly consists of:

• Federal Law on the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial, LFPPI, 2020)

• Federal Copyright Law (Ley Federal del Derecho de Autor)

• Federal Law on Plant Varieties (Ley Federal de Variedades Vegetales)

• Regulation on Trade Secrets (Reglamento de Secretos Industriales)

The competent authority is IMPI (Mexican Institute of Industrial Property), which is part of the Ministry of Economy (Secretaría de Economía).
Mexico is a member of WIPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention, the TRIPS Agreement and the USMCA (United States–Mexico–Canada Agreement).

International cooperation and regional alignment

• Mexico is one of WIPO’s key members in Latin America;

• It participates in the three main international systems: PCT, Madrid and Hague;

• As a member of the USMCA (United States–Mexico–Canada Agreement), it strengthens mutual recognition and cooperation on IP enforcement with the United States and Canada;

• It has concluded a Latin American PPH network agreement with major countries such as Chile, Colombia and Peru;

• IMPI and EUIPO cooperate on data interoperability (TMview, DesignView).

Trademark system

Application routes

• National trademark applications may be filed directly with IMPI;

• Mexico can also be designated via the Madrid System (Madrid Protocol).

Classification standard

• Applies the Nice Classification;

• Supports both single-class and multi-class applications.

Examination procedure

• Formal examination: around 1 month;

• Substantive examination: around 4–6 months;

• Opposition period: oppositions may be filed within 1 month from the date of publication.

Use and renewal

• Registration term of 10 years, renewable indefinitely;

• Continuous non-use for 3 years may lead to cancellation.

Examination features

• Examination language: Spanish;

• Focus on distinctiveness, prior rights and likelihood of confusion;

• IMPI operates a declaration of use system: 3 years after registration, the owner must file a declaration of use to maintain validity;

• Official online platform: Marcanet / IMPI Digital Services.

Patent system

Types of protection and terms

• Invention patent (Patente de Invención): 20 years from the filing date;

• Utility model (Modelo de Utilidad): 10 years from the filing date.

Examination mechanism

• For invention patents, a request for substantive examination must be filed (within 3 years from the filing date);

• Average examination period is around 24–36 months;

• Examination language is Spanish (an English specification may be attached).

International routes

• Mexico is a PCT contracting state; the national phase may be entered via the international route;

• Supports Patent Prosecution Highway (PPH) accelerated examination, under cooperation agreements with the United States, Canada, Japan, Korea, China and others;

• Patent examination is fully electronic, including online filing and management of annuities.

System features

• Operates under the “first-to-file” principle;

• Strict focus on novelty and inventive step in examination;

• Annual maintenance fees are due each year after grant;

• The patent term cannot be extended, but pharmaceutical patents may obtain an extension through Supplementary Protection Certificates (SPCs).

Industrial design protection

Legal basis

• Based on the Federal Law on the Protection of Industrial Property (LFPPI, 2020), Articles 62–79.

Scope of protection

• Shape, patterns, ornamentation, lines, colours and configuration of products;

• Covers both industrial products and handicraft designs.

Term of protection

• Protection of 5 years from the filing date, renewable four times, up to a maximum of 25 years in total.

Examination procedure

• Examination period of around 6–9 months;

• Examination language: Spanish;

• Both formalities and novelty are examined.

System features

• A single registration is valid nationwide;

• Supports multiple designs in a single application;

• International filings may be made through the Hague Agreement system;

• Official database: Diseños Industriales IMPI.