• Patent applications in Mexico must be filed in Spanish.papers to be signed image by Pix by Marti from Fotolia.com
  
  Patent applications in Mexico are dealt with and governed by the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial, or IMPI). There are four different types of patents available. However, patents do not have to be filed first in Mexico even for products designed and built in Mexico.
  
  

Application

• In Mexico, the first person to file an application is granted the patent. On the filing date, an application form must be submitted with the names and addresses of the inventor(s) and applicant(s), specification, claims and abstract, name of the invention and drawings. The government filing fees, which total $1,455, must be paid at the same time. The full application must be made in Spanish, but any other language is acceptable to obtain a filing date. The translation into Spanish must be completed within 60 days of the filing date. The inventor or applicant does not have to be present for the filing if a small entity status is available, which saves 50 percent on the government filing fees. This will be granted to an individual, independent inventor, small business or non-profit organization upon the production of a sworn declaration of small entity status.
  
  

Types

• There are four different types of patents available in Mexico. These are patents (sometimes called “patents of invention”), industrial designs (industrial models and drawings), utility models and layout designs for integrated circuits. In terms of markings, the following should be applied to the products or designs, “Patente No…” (or “Pat Pend” for patents of invention), “Registro de Diseño Industrial. No...,” “Registro de Dibujo Industrial No…,” “Reg Dis Ind Pend” or “Reg Dib Ind Pend” for industrial designs or drawings and “Registro de Modelo de Utilidad No…” or “Reg Mod Uti Pend” for utility models.
  
  

Regulations

• Patents have a term of 20 years from their filing dates, while the term is 15 years for industrial designs and only 10 years for utility models and layouts of integrated circuits. Payments of $190 are due every five years from the filing date in order to maintain the patent. There is a statutory bar on sales if they took place more than a year before the filing date, but there is a grace period of 12 months following public disclosure. Compulsory licensing, where others are allowed to use the invention or design, is applicable if the inventor or applicant fails to work the invention within three years of the patent being granted.