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Amendments to Trademark Laws

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Mai 08, 2018 (Newsletter Issue 9/18)
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Regulation on Patents, Utility Models and Designs Amended

In the Official Gazette of March 13, 2018, edition some amendments to the current Mexican Industrial Property Law have been published. All changes entered in force on April 27, 2018.

Some amendments affect the current regulation concerning patents, utility models and designs. The most important changes are the following:
- Utility Model and Industrial Design applications will now be published as soon as the formal examination is completed. Divisional patent applications will also be published. Under the current law publication is not carried out for such type of applications.
- The timeframe in which third parties may file relevant documents against Novelty or Inventive Activity of a given published Patent application is shortened, now, it will be only of two months after the publication takes place (the current period is of 6 months).
- The lifetime of a Industrial Designs is extended up to 25 years in which the Industrial Design will have to be renewed for periods of 5 years.
- Industrial designs already granted may extend their protection for an additional 10 years period once the currently 15 years has expired in order to totalize a maximum of 25 years of protection.
- Industrial Design applications still pending may be eligible for adopting these reforms, provided that the corresponding petition is filed before the Mexican Patent Office within 30 working days after the entry into force of the above mentioned reforms. The modifications to the Industrial Designs prosecution has the aim to prepare Mexico into an eventual adhesion to the Hague System.