By Marco Tena
Obtaining a patent can be a long and complicated process. In Mexico, Article 114 of the Federal Law for the Protection of Industrial Property offers a way to expedite this procedure.
This provision allows applicants to voluntarily or, if necessary, submit additional information to the Mexican Institute of Industrial Property (IMPI), making it an invaluable tool for innovators seeking to protect their intellectual property in an efficient and effective manner.
What does Article 114 of the Federal Law for the Protection of Industrial Property speak about?
Article 114 allows patent applicants to provide supplementary materials to the IMPI that may support and accelerate the evaluation process. Among these, the International Search Report (ISR) stands out as a fundamental piece of the procedure. This report, issued by other industrial property offices, provides a preliminary opinion on the patentability of the invention, evaluating key factors such as novelty, inventive step and industrial application. The ISR not only clarifies the strengths and weaknesses of the patent, but also helps to align the application with previous assessments made by globally recognized offices, ensuring an optimized and well-prepared filing.
For Mexican applicants, the Spanish Patent and Trademark Office (SPTO) is often positioned as the ideal ally to obtain ISR. Spain’s efficient patenting system, coupled with its linguistic and cultural alignment with Mexico, make it an accessible and practical option. By first filing the application in Spain, applicants can secure the ISR through the SPTO and then submit it to the IMPI under the provisions of Article 114. This strategic approach allows demonstrating compliance with international standards, saving time and increasing the likelihood of a favorable decision by the Mexican authorities.
Benefits of this process
The benefits of this process are numerous. By filing an ISR, applicants can reduce the overall examination time at IMPI, as the institute can refer to a detailed and professionally conducted search. This efficiency not only speeds up the patenting timeline, but also offers greater predictability in the results. A positive ISR from a recognized office such as the SPTO serves as a strong indicator of patentability, minimizing possible objections during the review process. Although obtaining an ISR involves upfront costs, the long-term savings in procedural hurdles and the possibility of rapid approval make it a cost-effective and highly advantageous strategy.
In addition, the ability to utilize resources such as ISR demonstrates the global interconnectedness of patenting efforts. Mexican innovators can leverage international expertise to strengthen their applications and ensure they meet global standards, enhancing their competitiveness in a crowded marketplace. By incorporating ideas from reports like the ISR, applicants demonstrate a commitment to quality and accuracy, characteristics that resonate with regulators and investors alike.
Therefore, Article 114 is a valuable tool for innovators seeking to navigate the complex world of patenting. By strategically utilizing international resources such as the SPTO’s ISR, Mexican applicants can streamline their patent process, reducing delays and improving the strength of their applications. Not only does this protect their intellectual property, but it also positions them for greater success in the competitive innovation landscape. A common strategy is to first file the patent in Spain, acquire the ISR through the SPTO and then send this document to the IMPI under the provisions of Article 114. This approach not only saves time, but also increases the chances of a favorable decision by demonstrating that the invention meets international standards.
This process has numerous benefits. Examination time is significantly reduced, as IMPI can rely on previously conducted searches. It also improves the predictability of the outcome; a positive ISR from a recognized office such as the SPTO indicates a high likelihood of patentability, which can reduce objections. While obtaining an ISR involves upfront costs, the overall savings in time and procedural challenges often outweigh these expenses, making it a cost-effective strategy.
In conclusion, Article 114 represents a powerful tool for innovators seeking to efficiently protect their inventions. By incorporating international resources such as the SPTO’s ISR, Mexican applicants can accelerate their patent process and improve their competitive advantage in the marketplace.
At Vega, Guerrero & Asociados, our Intellectual Property team is ready to support and advise companies on these issues.
