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Designed for practitioners involved in filing, obtaining, and enforcing patents in Thailand, this...
For professionals responsible for patent filing, registration, and enforcement in Mexico, this seminar will provide a systematic overview of patent practice in this region—which boasts the third-largest economy in North America and serves as a major hub for Japanese automotive and electronics manufacturers—centered on the 2020 LFPPI (Federal Law on the Protection of Industrial Property). Topics will include IMPI (Mexican Institute of Industrial Property) procedures, PCT national phase entry (30 months), patent term adjustment (PTA) introduced under the USMCA, the pharmaceutical linkage system,PPH strategies, and enforcement of rights before the Federal Administrative Court—all within the context of North America’s third-largest economy and a major hub for Japanese automotive and electronics manufacturers.
Key Points of This Article
- Mexico modernized its system to comply with the USMCA through the 2020 LFPPI (New Industrial Property Law)
- Three types of protection: Patents (20 years), Utility Models (15 years), and Designs (up to 25 years, renewable five times for 5 years each)
- PCT member since 1995. Japanese companies have a 30-month grace period for PCT national phase entry
- Key USMCA-related reforms: Patent Term Adjustment (PTA) and the pharmaceutical linkage system
- Foreign applicants must appoint a local agent
- No request for examination required (substantive examination begins automatically)—differing from Japan, the U.S., and Europe
- Enforcement follows a three-tier system: IMPI administrative proceedings + Federal Administrative Court + Federal Circuit Court
MEXICO PATENT
A comprehensive guide to the patent system and practice in Mexico, North America’s third-largest economy, written by a patent attorney. This book systematically explains 12 key topics, ranging from IMPI applications to the three types of protection systems, PTA, pharmaceutical linkage, and enforcement of rights under the TFJA.
Table of Contents
- Executive Summary
- Basic Structure of the System and Legal Sources
- Three Types of Protection (Patents, Utility Models, and Designs)
- Application Procedures and Required Documents
- Standard Process and Timeline Management
- Estimated Government Fees
- Patent Requirements and Special Provisions
- Enforcement of Rights and Response to Infringement
- PCT National Phase Entry and PPH Strategies
- PTA, Pharmaceutical Linkage, and Maintenance
- Differences Between Japanese and Mexican Systems
- Practical Checklist for Japanese Companies
1. Executive Summary
The Mexican patent system is a statutory framework centered on the LFPPI (new law enacted in 2020), with the LFPPI Reglamento and IMPI examination guidelines governing applications, examination, and disputes. It has been significantly modernized in response to the USMCA, and is characterized by the introduction of the "Patent Term Adjustment (PTA)" system.
Four Key Points to Keep in Mind in Mexican Patent Practice
- Select from three types of protection (patent, utility model, design) based on technical characteristics
- Government fees are denominated in MXN. Application fee is approximately MXN 4,000 (about 30,000 yen)
- No request for examination required—substantive examination begins automatically after filing (unlike in Japan, the U.S., and Europe)
- Enforcement follows a three-tier system: IMPI → TFJA → Federal Circuit Court
2. Basic Structure of the System and Legal Sources
The "primary law" of the Mexican patent system is the LFPPI (effective July 5, 2020), which completely replaced the former LPI of 1991. The patent provisions are set forth in Título Tercero (Title III).The core provisions include novelty (§47), inventive step (§48), industrial applicability (§49), exclusions from patentability (§47), application procedures (§§43-103), patent term compensation (§126), and compulsory licenses.
Role of the IMPI (same as for trademarks)
IMPI is responsible for patent examination and registration, just as it is for trademarks. It operates the PASE electronic filing system. Spanish is the mandatory language.
3. Three Types of Protection (Patents, Utility Models, and Designs)
| Item | Patent (Patente) | Utility Model (Modelo de Utilidad) | Industrial Design (Diseño Industrial) |
|---|---|---|---|
| Subject Matter | Technical Inventions | Minor Inventions (Utility Models) | Design |
| Inventive Step | Required | Not required (novelty only) | Originality Required |
| Term of Protection | 20 years from the filing date | 15 years (non-renewable) | Up to 25 years (5-year renewals, up to 5 times) |
4. Application Procedures and Required Documents
| Item | Direct Application | Paris Convention Priority | Via PCT |
|---|---|---|---|
| Application Deadline | Anytime | 12 months from the Japanese filing date | 30 months from the priority date |
| Language | Spanish | Spanish | Spanish translation required |
Required documents
- Application (Solicitud): Spanish, IMPI PASE
- Specification, Claims, Abstract, Drawings: Spanish
- POA: Simplified POA acceptable (notarization not required)
- Priority Documents: If claiming Paris Convention priority, must be submitted within 3 months of the filing date
- Assignment Deed: If the inventor and the applicant are different
5. Standard Process and Timeline
① Filing (IMPI PASE)
→
② Formal examination
→
③ Publication after
18 months ↓
④ Substantive examination begins automatically → ⑤ Response to Office Action (2 months) → ⑥ Grant and registration
18 months ↓
④ Substantive examination begins automatically → ⑤ Response to Office Action (2 months) → ⑥ Grant and registration
Timeframe: Approximately 4–6 years from filing to registration in smooth cases. Can be shortened to 2–3 years by utilizing the JPO-IMPI PPH.
6. Estimated Government Fees
| Item | Fee (MXN) | Conversion to Japanese Yen |
|---|---|---|
| Application Fee (Patent) | MXN 4,000 | Approx. 30,000 yen |
| Application fee (utility model) | MXN 1,250 | Approx. 9,500 yen |
| Claim surcharge (more than 11 claims) | MXN 200 per claim | Approx. 1,500 yen/claim |
| Registration fee | MXN 500 | Approx. 3,800 yen |
| Annual fee (5th year) | MXN 600 | Approx. 4,500 yen |
| Pension (10th year) | MXN 2,200 | Approx. 16,800 yen |
| Pension (15th year) | MXN 4,500 | Approx. 34,500 yen |
| Pension (20th year) | MXN 7,500 | Approx. 57,500 yen |
7. Patent Requirements and Specific Provisions
Basic Requirements
- Novelty (§47)—Worldwide prior art standard, 12-month grace period
- Invention (Section 48)—Not obvious to a person skilled in the art
- Industrial Applicability (§49)—Practical Usability
- Description Requirements—Clarity and Enforceability
Exclusions from Patentability (§47)
- Scientific, Mathematical, and Business Methods
- Computer programs per se
- Diagnostic, therapeutic, and surgical methods
- Plants and Animals (excluding biotechnology-related)
- Discoveries of human anatomy
8. Enforcement of Rights and Response to Infringement
IMPI Administrative Procedures
IMPI Infringement Administrative Procedures
- Injunctions (Provisional Measures)
- Seizure and Destruction of Infringing Goods
- Fines (up to MXN 250,000)
- Introduction of a minimum amount for damages (40%) under the 2020 LFPPI
Pharmaceutical Linkage System
Mexico has adopted the Pharmaceutical Linkage System. When applying for drug approval with COFEPRIS (Federal Commission for the Regulation of Public Health), the application is cross-checked against the IMPI patent database, and any potential patent infringement may affect approval.
9. PCT National Phase Entry and PPH Strategy
Mexico joined the PCT in 1995. National phase entry is possible within 30 months of the priority date. By utilizing the JPO-IMPI PPH, early examination can be obtained based on claims granted in Japan.
JPO-IMPI PPH: Operational since 2011; available free of charge. Reduces processing time from the usual 4–6 years to 2–3 years.
10. PTA, Pharmaceutical Linkage, and Maintenance
The term of a patent is 20 years from the filing date. Annuities are payable annually starting from the fifth year. A six-month grace period is available for late payments.
Patent Term Adjustment (PTA/LFPPI §126)
New system in response to the USMCA
- Effective concurrently with the 2020 LFPPI
- Compensation for IMPI examination delays (exceeding 5 years from filing)
- Extension based on the duration of the delay (up to the maximum delay period)
11. Differences Between the Japanese and Mexican Systems
| Item | Japan | Mexico |
|---|---|---|
| Language of Application | Japanese | Spanish |
| Request for examination | Required (within 3 years) | Not required (automatic examination) |
| Utility Model | 10 years | 15 years (non-renewable) |
| Design | 25 years | 5 years × 5 renewals for a maximum of 25 years |
| PTA | None | Available (USMCA compliant) |
| Pharmaceutical Linkage | None | Yes (COFEPRIS collaboration) |
12. Practical Checklist for Japanese Companies
Pre-filing
- Select from three protection systems based on technical characteristics
- Ensure the quality of the Spanish specification
- Optimize the number of claims (additional fees apply for more than 11 claims)
During Filing
- No need to request examination—examination begins automatically after filing
- Early examination via JPO-IMPI PPH
- Strictly adhere to the response deadline for Office Actions (2 months)
After filing
- Annuities are due annually starting from the 5th year
- When infringement is discovered, IMPI administrative procedures are the most practical
- For pharmaceuticals, ensure linkage through cooperation with COFEPRIS
- Consider filing a PTA application in case of examination delays
Summary
The Mexican patent system is characterized by the 2020 LFPPI Act and system modernization in response to the USMCA. For Japanese companies to succeed in their patent strategies in Mexico as a manufacturing hub, it is crucial to combine the use of the JPO-IMPI PPH with efficient enforcement of rights through IMPI administrative procedures, while ensuring that the use of PTAs is not overlooked. Please also see our PCT international patent applications and patent application services.
Consultation on Mexican Patent Applications
EVORIX Intellectual Property Law Firm provides comprehensive support for patent applications and enforcement in major countries across North, Central, and South America, including Mexico. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, will assist you with everything from selecting among the three protection systems to utilizing the PCT and PPH, as well as PTA and pharmaceutical linkage.
Sources & Reference Materials
▼ Primary Legislation
- Ley Federal de Protección a la Propiedad Industrial (LFPPI, effective July 5, 2020)
- Reglamento de la LFPPI (Regulations)
- COFEPRIS Regulations (Pharmaceutical Linkage)
▼ Official Agency Sources
- IMPI Official Website: gob.mx/impi
- SIGA (Patent Search): IMPI Official
- WIPO IP Portal (Mexico): wipo.int
- PCT Member (January 1, 1995): WIPO PCT System
- COFEPRIS (Federal Commission for the Regulation of Health Products) Official
▼ Explanatory Materials from Japanese Organizations
- JETRO Report: "Intellectual Property System in Mexico"
- Japan Patent Office "Information on Foreign Industrial Property Rights Systems (Mexico)"
- INPIT Intellectual Property Information on Emerging Countries
▼ International Agreements
- Paris Convention (Mexico joined in 1903)
- PCT (Mexico acceded in January 1995)
- TRIPS Agreement (WTO accession: 1995)
- USMCA (United States-Mexico-Canada Agreement) (Entered into force in 2020)
- CPTPP (Entered into force in 2018)
- Japan-Mexico EPA (Entered into force in 2005)
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local representatives.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Office
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).
