Designs: Mexico

General Information

International Agreements : Paris Convention, Bern Convention, Nice Agreement, Lisbon Agreement, Rome International Convention, Strasbourg Agreement, PCT, Budapest Treaty, UPOV, Copyright Treaty, PPT & EPC.

Novelty Requirements : Yes – Novelty: Industrial Applicability.

Claiming priority : Yes - within 6 months for Models and Drawings, counted from foreign filing date.

Examination : Yes - Between 12 and 18 months after filing dated

Protection Period : 15 Years – from filing date

Publication : There is not publication for Industrial Designs

Annuity payments : Annuity fees are paid by quinquenniums (5 year terms), the first one is due upon granting and the followings must be paid on the anniversary of the Designs (filing date).

Grace Period for Annuity Payments : 6 Months

Compulsory licensing : Yes

Working or nominal working : Yes - it is necessary three years after granted.

Notes : Only granted registrations can apply for reinstatement in case of failing to pay one annuity quinquennium. This can be requested within 6 months after grace period.

 

Filing Requirements

Design Filing Requirements

  1. Applicant's name, address (residence) and nationality. 
  2. Inventor's name, address (residence) and nationality. 
  3. Priority data (date, serial number and nationality).
  4. Title of the Invention. 
  5. Specification, Claims and Abstract (in Spanish).
  6. Formal Drawings.
  7. Power of Attorney legalized by Mexican Consulate or Apostille.
  8. Assignment Deed of Invention – Notarized.

Power of Attorney

  • For individuals, it just requires the applicant's signature as well as two witnesses that have to indicate their names and addresses. 
  • For entities, the document must be signed by its legal representative and there must be proved that the entity is legally existing and that the signatory is duly entitled to execute the document, this is met by providing a sworn declaration or by Notary Public certification. In any case it must be attested the place and date of incorporation of the entity, the charge of the signatory, the place and date of the representative's appointment as well as the charge of the person (s) appointing the representative and that the signatory has faculties to represent said entity, sign documents in its behalf and grant power to third persons. 
  • When the document is notarized, the Notary's signature must be legalized up to the Mexican Consulate in the country where the document is been granted or by an Apostille according to the Hague Convention (If the country is a signatory of said Agreement).

 

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Simonian IP
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