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PATENT IN MEXICO.
The patent is an exclusive right granted by the Mexican State through the Mexican Institute of Industrial Property (IMPI), competent administrative authority, to protect and exploit inventions that have novelty, inventive step and industrial applicability. They patents one of the most effective ways to protect technological results on which wants to possess an exclusive right of exploitation for twenty years and thus prevent any form of commercial exploitation of invention within the territory of obtaining patent and for a limited period of time. The state requires that the patent holder disclosed in a manner clear and complete technical rule that resolves this problem by providing a description of the invention clearly and completely and at least one example of realization.
The procedure for registering a patent in Mexico and thereby obtaining the right exclusively consists of the following steps:
1.FILING THE PATENT APPLICATION IN THE MEXICAN NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (IMPI):
The presentation should contain a request where it should appear reflected the title of the invention, the identification of the applicant and the inventor and identification of representative or attorney; a description, an abstract; claims or technical legal clauses that define the scope of protection of the invention, plans or drawings; if priority is claimed must provide a copy of the patent application if this aired in another country, and the receipt of the filing fee.
2. PUBLICATION OF THE PATENT APPLICATION IN MEXICO: Once deposited the patent application and whether this meets all the requirements the Mexican Institute of Industrial Property (IMPI) ordered its publication, leaving open the legal deadline for third deposit oppositions to the patent registration.
3. SUBSTANTIVE EXAMINATION TO THE PATENT IN MEXICO: Once the deadline for filing objections the Mexican Institute of Industrial Property (IMPI) conducted the review of the requirements for patentability: novelty, inventive step and industrial applicability.
4. OBTAINING TITLE OF PATENT IN MEXICO: With the completion of substantive examination, and if this is positive, the Mexican Institute of Industrial Property (IMPI), has drawn up the respective title to the invention, for 20 years starting from the date of application.
5. PAYMENT OF THE FEE FOR MAINTAINING RIGHTS: To keep existing rights and thus the possibility of exclusive exploitation of the invention, the holder must make payments for maintaining the currency of their rights, otherwise declaring the expiry of and lost the patent rights.
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