We analyze internationally whether the invention you want to protect is patentable, through a feasibility analysis for patent protection so you don’t waste your money.
Once we analyzed the probability of success in obtaining a patent, we submitted the patent application electronically with a digital signature and legal documents to the IMPI.
We keep track of the entire procedure regarding observations or requirements from the authority until its concession in Mexico.
Obtaining a patent in Mexico refers to the exclusive right granted by the Mexican state to exploit, produce, use, or commercialize an invention within the national territory. Obtaining that patent provides you with legal protection against imitations or unauthorized uses by third parties within Mexico.
Registering a patent in Mexico involves meeting a series of technical, legal, and administrative requirements before the Mexican Institute of Industrial Property (IMPI).
This content is aimed at entrepreneurs, inventors, startups, or companies that want to understand from scratch the process of searching for, applying for, processing, and maintaining a patent in Mexico.
Our team of specialized patent lawyers at IMPI handles the entire legal process so you can focus on what matters most: growing your business.
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It is useful for checking if the invention you want to protect is already patented, preventing you from wasting your money. It also serves as a basis for making improvements to already known products and services and subsequently protecting them with a patent.
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The IMPI application must fully describe the invention, demonstrating its utility through practical examples of the invention via the description of the invention, claims, and summary.
It refers to the formal submission of your patent to the national office, the IMPI in Mexico, which will analyze whether your invention meets the criteria of novelty, inventive activity, and industrial application through official IMPI actions that you must respond to.
Conducting a patent freedom-to-operate study allows you to analyze the legal landscape of bringing an invention to market and helps you avoid lawsuits for patent infringement.
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If you are a patent holder, it is important to protect your rights and investigate the competition to ensure they do not infringe your patents. This is done through an administrative declaration procedure for patent infringement at the IMPI.
In order for an invention to be patented in Mexico, it must meet three essential criteria:
- Novelty: it must not have been publicly disclosed before the date of application.
- Inventive step: the invention must not be obvious to someone with technical knowledge in the field.
- Industrial application: it must be applicable or manufacturable in a specific industry or practice.
There are also restrictions on patentability: scientific theories, mathematical methods, natural discoveries, computer programs (as such), methods for performing mental acts or business, among others.
The exclusivity of a patent usually lasts up to 20 years (from the filing date), provided that the corresponding annual fees are paid.
Before investing time and money in drafting a patent application, it is essential to conduct a patent search to verify that your invention has not already been patented (or published) by others.
You can use the Industrial Property Gazette of the IMPI to review recent Mexican applications.
It is also advisable to consult international databases such as WIPO, Espacenet, or patent databases from the U.S., Europe, etc.
A search conducted by a specialist reduces risks and can guide a solid strategy for obtaining the IMPI patent.
This stage is sometimes referred to as prior art search or patentability analysis.
The time to obtain a patent in Mexico can vary depending on the complexity of the invention, the requirements of the IMPI, and the speed of the applicant's responses. A common estimate is between 3 to 5 years from application to grant.
Stages of the process and estimated timelines:
Formal examination: 2 months, if all documentation is in order, the IMPI will issue a favorable formal notice.
Publication of the patent application: 18 months, although it can be shortened by a request for early publication.
Third-party observation: 2 months, any interested party can express what they consider to be their rights regarding the patentability of the invention.
Substantive examination: from 4 months to two and a half years; this procedure is the most tedious and involves evaluating the criteria for patentability through official actions (1 to 4).
Title issuance: 4 months, if you pass the substantive examination, payment for granting the title and the corresponding issuance will be required.
Rights maintenance: Payment of annuities for periods or in full to ensure the validity of the patent.
An accelerated patent procedure (or "accelerated examination") aims for the patent application to be evaluated more quickly than in the standard process, avoiding delays or bottlenecks.
In Mexico, there are at least two main mechanisms that allow for the acceleration (or advancement) of patent applications:
- Accelerated Procedure for Mexican Applicants (recent national program of IMPI, 2025)
- Patent Prosecution Highway (PPH) / international accelerated examination agreements
Both mechanisms have specific requirements, advantages, and limitations. In many cases, the opportunity to access the accelerated procedure depends on the stage of the process (for example, whether the application has already passed the formal examination).
If your goal is to protect the invention beyond Mexico, you can use the Applications under the Patent Cooperation Treaty (PCT):
You submit an international PCT application; then you enter the national phase in Mexico within the established deadlines.
In Mexico, the deadline for entering the national phase is 30 months from the priority date.
In that phase, the corresponding Mexican fees are paid and the local examination begins based on the adapted PCT application.
It is not possible to restore the deadline if the entry into the national phase in Mexico is missed.
This mechanism allows you to postpone strategic decisions while you evaluate markets in different countries, maintaining an international basis.
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