Utility models are a legal concept recognized by the Federal Law for the Protection of Industrial Property (LFPI) in Mexico. According to articles 58 to 64 of this law, the requirements, benefits, and limitations related to utility models are established.
Article 58 of the LFPI states that utility models can be registered as long as they are new and susceptible to industrial application. This means they must have novel characteristics and be applicable in the industry. Utility models can be objects, utensils, devices, or tools that, through a modification in their arrangement, configuration, structure, or form, provide a different function compared to their constituent parts or offer advantages in terms of their utility.
The procedure for registering a utility model is governed by the guidelines established in Chapters II and VI of the corresponding title of the LFPI, with the exception of some specific articles mentioned in Article 60.
Once the application for registration of a utility model is filed and after the approval of the formal examination, it will be published, in accordance with Article 61. It is important to note that publication cannot be requested in advance.
The registration of utility models is valid for a non-extendable period of fifteen years, starting from the date of application, according to Article 62 of the aforementioned law. During this period, the holder of the utility model must pay the corresponding fees for each annuity to maintain its validity.
The exclusive right to exploit the protected utility model gives its holder the authority to prevent third parties from manufacturing, using, selling, offering for sale, or importing the model without their consent, as established in Article 63 of the LFPI. This means that the holder of the utility model has the exclusive right to use it and can prevent others from using it without authorization.
The exploitation of the utility model and the limitations of the rights of the holder are governed, where relevant, by the provisions of Articles 54, 55 (last paragraph), 56, and 57 of the LFPI. These articles refer to issues such as the license of use, limitations for reasons of public interest, and legal actions that the holder can take in case of infringement.
In summary, utility models are a way to protect innovation in objects, utensils, devices, or tools that have modifications in their arrangement, configuration, structure, or form, offering a different function or advantages in their utility. Their registration grants the holder an exclusive right to exploit them for fifteen years, with the possibility of preventing third parties from manufacturing, using, selling, or importing them without their consent. The LFPI establishes the requirements, procedures, and limitations related to utility models in Mexico.
Vega, Guerrero & Asociados, through the Industrial Property Department team, is available to provide advice regarding any doubts that may arise in relation to the Utility Model in Mexico.
