Patent

When you need to know a little bit about what a patent covers, it is necessary to have a clear understanding of what is meant by patent and all that is involved in obtaining it in Mexico.

What is a patent?

It can be said that a patent is a right granted by the state where the exclusivity is granted to a person who makes a new product, that is to say, it refers to an invention or something new that a person can make.
When a person makes an invention, it refers to the fact of transforming the energy existing in nature and which is perfectly usable by man in order to satisfy his needs.
In order to understand clearly an example of an invention is given, in the case of a company or person dedicated to create a method to make a product or design a machine to satisfy the need of the human being, these are clear examples of it.

Types of patents

In Mexico the responsible organism IMPI, as it is known, is the one in charge of carrying out everything related to patents, as described in the Industrial Property Law, which is in charge of:

• Regulate the activity related to new products.
• New procedures.
• Design.
• Specific products and services.

There are several ways that people and companies have to protect the ideas and inventions they make, among them we can mention:
Invention patents: this is one of the most important forms so to speak, since it is when a person makes an invention referring to human creation, i.e. they manufacture something related to the design of a prototype or simply some product that comes to satisfy a particular need in the collective.
Utility models: this refers to those objects, tools or devices, which have been subject to modification, structure or shape, presents a different function, it is fulfilling the role of utility models, it can be useful to the industry as such.
Something important to point out regarding this model is that it is usually applicable to inventions with a better technical complexity.

Industrial designs: there are two types to which reference should be made;

• Industrial drawing: these are those combinations of shape or colors that are usually incorporated to an industrial project for ornamental purposes.
• Industrial model: as its name indicates, it refers specifically to any three-dimensional shape that has the form to serve as a model or pattern to be used for the manufacture of an industrial product.

It must be said that with respect to this type of design, it is only valid for 5 years, fully renewable under the same circumstances up to a duration of 25 years.

Trademarks: it is usually denominated as that symbol or subtle sign, visible in a significant way, through the senses, this is what identifies a specific product and which, from it, manages to distinguish itself from other products.

This type of procedure, after the application has been filed before the competent body, is valid for 10 years.

It has the advantage that it can be renewed for successive periods and with the same period of time.

Commercial advertisements: refers to the phrases and sentences that make known the establishments, such as service providers, industries, others.
And that are made with the intention of making a business or establishment stand out from the rest of the competition.
This type of procedure is usually valid for 10 years after the application has been filed.

Commercial names: when a business is identified with a name, it is already registered, therefore it will not be necessary to register it again at the institute, therefore it can be used to request the IMPI to publish it in the Official Gazette.

At the time of filing, the same has a duration of 10 years, extendable for the same period of time.

Who is in charge of granting patents in Mexico?

The body in charge of granting patents in Mexico to those persons who file the respective procedure is the Mexican Institute of Industrial Property known by its acronym IMPI.

This organism is in charge of receiving as well as studying technical documents in order to grant trademarks and patents in the country within the established terms.
What are the benefits obtained by the person who makes an invention?
To make an invention can bring numerous benefits for its creator, firstly, he will have the guarantee of the benefits that the invention will generate at least during a good time, secondly, it can be said that he is the only one who can give it a commercial use.
Other benefits to which the inventor will be entitled will be to profit from the economic benefits that may arise from the exploitation of the product.
Finally, since the product is patented, it cannot be plagiarized.
Where can we know if a patent is already registered?
It is usually very easy to find out if a patent is registered, just by searching in the Industrial Property Gazette you can obtain the information.
Can any product be patented?
Of course not, if we base ourselves on the regulations that currently exist, it establishes that only those inventions that are new, as a result of an inventive activity and that are susceptible of industrial application should be patented.

How can we obtain a patent?

When you have an innovative product, that is to say, you have made an invention, the first thing to do is to process the registration at the Mexican Institute of Industrial Property through an application, once the patent is granted, it will have a duration of about 20 years.

Steps to apply for a patent

The legal and regulatory process to process a patent, you must do the following:

• Make the application called Patent Registration, this must be done before the IMPI office.
• Cancel the maintenance fee corresponding to the first annuity.
• Make the publication of the application.
• Performing the substantive examination of the patent in Mexico.
• Obtaining the patent title.
• Payment of the maintenance fee.
  

Registering an invention

When it is necessary to register an invention, IMPI has designed some guides for the user, which have the purpose of providing a detailed understanding of each of the aspects related to the different procedures carried out by the institution.

Administrative aspects related to patents

Some of the procedures related to patents refer to:
Taking of note of change of address: this is a procedure that has the purpose of allowing the owner of a patent to keep his data updated, this is done with the purpose that all communication related to the patent or its inventor, is necessarily with him at his correct address.
The same happens with the accreditation of a new attorney-in-fact or representative, you may accredit before the Mexican Institute of Industrial Property one or two persons with the purpose of being represented to carry out any procedure or simply with the purpose of enforcing your rights.
This is a legal procedure that must be carried out, by means of a legal procedure, which consists of:

• Presentation of proof of registration in the General Registry of Powers of Attorney.
• Simple power of attorney with the endorsement of two witnesses (in the case of a natural person), this must indicate the sufficient will or power they have to do so.
• Power of attorney with ratification of signature duly notarized.
• To present the above mentioned in original and certified copy before the IMPI.
  

How long is a patent valid?

To know exactly how long a patent is valid, you only need to access the official website of the Mexican Institute of Industrial Property, they will issue a certificate which will indicate the beginning and expiration of the patent.
It will also indicate the legal status of the patent, payment of annuities, and others.
It is also possible to know who is the interested party or holder of the patent or registration of interest, the filing date and also the date it was granted.

What is SIGA?

SIGA is the information system of the Industrial Property Gazette, this is an organ that is in charge of informing in an official manner, all the information regarding the Mexican Institute of Industrial Property.
The organism carries out the legal publication of the acts of authority and disseminates the information of patents, declarations of notoriety, registrations, authorizations and publications that have been granted and any others.

If you wish to obtain any additional information regarding the procedures carried out by the IMPI, you only need to access its web page www.impi.gob.mx to consult about rates, validity of patents and any other information you may require.