Change In The Practice Of Letters Patent In Mexico - Intellectual Property - Mondaq Mexico - Mondaq Business Briefing - Libros y Revistas - VLEX 775286293

Change In The Practice Of Letters Patent In Mexico

Author:Mr Octavio Espejo
Profession:Becerril Coca & Becerril
 
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Abstract

The Mexican Industrial Property Law (IPL) was reformed twice in 2018. Specifically on the second amendment, the rules for notifications after publication of patent, utility model and industrial design applications were changed. The new provisions also establish that all notices from the patent office including notices of issuance of Letters Patent can only be made through the Official Gazette. In a broad interpretation of this reform, the Mexican Institute of Industrial Property (IMPI) stopped the issuance of printed Letters Patents, and printed Registrations for Utility Model and Industrial Design in order to provide only digital copies of those documents.

Contents

The year 2018 was very important for the Mexican IP system. After several years of calm, the most significant reform of the Mexican IP Law after 25 years took place. The first IPL reform was published on March 13th and entered into force on April 27th. In this step, among other things, a full title for the protection of Denominations of Origin and Geographical Indications was included. In addition, the rules for Industrial Designs were completely restructured and new provisions for the publication of patent, utility model and industrial design applications were incorporated.

After a couple of weeks, the second law reform was published on May 18th and came into effect on August 10th. This amendment was mainly directed to Trademarks, including the requirement to submit a declaration of use, the rules for non-traditional trademarks and certification trademarks. Further, in Article 183, one of the last reformed, it was established that after the publication of the corresponding application, all notices for patents, utility models and industrial designs must be made through the Official Gazette for Notifications. Therefore, every office action during substantive examination, notice of allowance, notice of a Letters Patent's issuance and any other notice from the IMPI must be notified through this means.

The amended Article 183 of the IPL establishes that IMPI "will notify through the Gazette all the resolutions, requirements and other acts related to the prosecution of patents, registers and national publications, and those related to maintenance of rights" with the exception of the files that must be kept as confidential before the publication of the application.

The current plan of our authorities is to publish the Official Gazette once a week through the web site of the...

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