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Analysis of current patents

In order to freely operate and market, besides of being a regulatory requirement, a patent study must be performed starting with the product formulation to discard, in the case of generic and biosimilar drugs, the possible invasion of a patent.

Obtaining of a patent A patent is the exclusive granted right granted to a person to perform an invention, utility model or industrial design or its existing cause, who will have the exclusive right of exploitation for his/her benefit, by himself/herself or others with his/her permission.

The maximum Mexican authority regarding patents is the Mexican Institute of Industrial Property (IMPI) reporting to the Ministry of Economy.

Patents in Mexico are unique in their evaluation and patents in other countries do not affect their performance.

  1. Validity of a patent 20 years

  2. Annual payment for patent maintenance

  3. Deliverable: Patent certificate

  4. Ways to obtain a patent:

  •  Pct (Patent Cooperation treaty). From the global presentation, there is a 30-month period for the application in Mexico. This method is recommended for those looking for internationalization.

  • Local direct entry to the IMPI


Step 1

  • Patentability analysis

  • Critical Point: To define target countries to find if there are similar/competing patents **This may be worldwide, regional, by country, etc.

Objectives in this step: To define target countries + patent scope

Step 2

  • General search of the technique situation

Objective: To know the opportunities where the highest benefit may be obtained before registering the patent.

Step 3

  • Presentation

a) In PCt: Checklist + Publication

b) Local entry: Form application + publication

Process Time: 6 months

Step 4

  • Third-party opposition and remark period

a) Technical examination:

Novelty, activity, inventive and industrial application are evaluated Deliverable of the examination:

  1. Answer or clarify

  2. Rejection

  3. Approval

Approximate time of the process: 12-18 months

Patent Benefits:

  • Take care and do not replicate what is protected

  • To know the scope

  • Free commercialization/operation

  • Know competing patents in target countries

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