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 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.
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
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.
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.
| 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) |
| 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
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.
| 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 |
IMPI Infringement Administrative Procedures
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.
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.
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.
New system in response to the USMCA
| 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) |
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.
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.
*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).