Mexico

Apply for a Mexican patent
Apply for a Mexican industrial design (equivalent to a U.S. design patent)
Apply for a Mexican trademark

Mexico is a party to various intellectual property (IP) treaties and a member state of the World Intellectual Property Organization (WIPO). In addition, its national IP office, the Instituto Mexicano de la Propriedad Industrial (IMPI), participates in various worksharing and other cooperative programs with the USPTO. Below are helpful resources with information about Mexico's participation in these treaties and programs.

Treaties that help facilitate IP filings

Paris Convention (possibility of securing “priority” for overseas IP filings)

Under certain conditions and on fulfilling certain requirements, an application for patent, trademark, or design right filed in Mexico may be entitled to the benefit of the filing date of a prior application filed in the United States. A claim for benefit of a trademark or design application must be made within six months of the U.S. filing date. A claim for benefit of a patent application must be made within 12 months of the U.S. filing date.

Patent Cooperation Treaty (international patent applications)

The Patent Cooperation Treaty (PCT) is an international agreement, which makes it possible to request patent protection in multiple countries through the filing of a single “international” patent application. Mexico, like other Contracting States, has particular requirements for obtaining a patent in its territory through the PCT. For example, Mexico requires appointment of an agent if the applicant is not a resident of Mexico. For more information, see the WIPO National Phase PCT Applicant's Guide for Mexico.

Hague Agreement (international design patent applications)

The Hague Agreement entered into force in Mexico on June 6, 2020. The Hague Agreement offers the possibility of obtaining protection for up to 100 industrial designs in designated member countries and intergovernmental organizations by filing a single international application in a single language. For more information, see Mexico Joins the Hague System.

Madrid Protocol (international trademark applications)

A trademark owner may be able to use its USPTO trademark application or registration as the basis for obtaining trademark protection in Mexico through the Madrid Protocol. Visit WIPO to file an international application. For more information, see WIPO's Amendments to the Mexican Industrial Property Law.

Worksharing and other cooperative arrangements

Patent Parallel Grant Agreement (leveraging USPTO search and examination in Mexico)

On January 28, 2020, the USPTO and the IMPI signed a Memorandum of Understanding (MOU) on Technical and Strategic Collaboration. The MOU describes the parties’ intention to collaborate on a novel approach to patent worksharing. The USPTO has entered into patent worksharing arrangements with numerous patent offices throughout the world. This MOU builds on these past efforts by enhancing examination efficiencies through the optimal reuse of USPTO work products by the IMPI. See the USPTO press release.

Patent Prosecution Highway (accelerated prosecution)

The USPTO participates with the IMPI in a Patent Prosecution Highway Pilot. When an applicant receives a final ruling from the USPTO that at least one claim is allowed, the applicant can request fast track examination of corresponding claim(s) in a corresponding patent application that is pending at the IMPI, and vice versa. To request accelerated prosecution of a Mexican patent application based on an allowable claim at the USPTO or another IP office, visit the IMPI's website.

Priority Document Exchange (electronic transmission of certain filing documents)

The USPTO and IMPI participate in WIPO Digital Access Service (DAS), which allows the free, electronic transmission of certain filing documents between IP offices. It automates the provision of priority documents to offices of second filing, which is generally required to obtain the “right of priority” under the Paris Convention. For more information, see the USPTO’s Electronic Priority Document Exchange (PDX) Program or WIPO's notifications regarding IMPI and DAS.

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Use the below interactive map to learn more about IP protection in the highlighted countries/regions.