The table below shows the different ways to protect Industrial Property (IP), their scope, term, and some benefits.
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Type of Protection |
Scope and Term |
Example |
International Rights |
Benefits |
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Patent |
A patent defines the invention of a product or procedure that usually has a practical use, a new and previously unknown feature, and must represent an innovation step, that is, a creative process whose results that are not readily apparent.
In Mexico, scientific theories, mathematical methods, vegetal and animal derivatives, discoveries of natural substances and commercial or medical treatment methods are not patentable.
A patent will have a non-renewable term of 20 years from the date from the date of filing and will be subject to payment of the corresponding fees.
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A tortilla manufacturing machine. Patent number: 227655 |
A patent granted in Mexico provides protection only within national borders.
There are two options to protect inventions in other countries:
- File a patent application in target countries within the next 12 months after the date of filing in Mexico.
- File an international application according to the Patent Cooperation Treaty (PCT) administered by the World Intellectual Property Organization (WIPO) at the IMPI offices.
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A patent gives you the right to stop others from using or selling your invention.
You can manufacture or commercialize your invention or grant one or more licenses to others. |
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Utility Model |
These are objects, utensils, devices or tools that after a change in their arrangement, configuration, structure, or form have a different function regarding its parts, or a utility advantage.
The registration of utility models will have a non-renewable term of 10 years from the date of filing and will be subject to payment of the corresponding fees.
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A utility model for a device to siphon liquids from large jugs (containers).
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A utility model registered in Mexico provides protection only within national borders.
There are two options to protect inventions in other countries:
- File a utility model application in target countries within the next 12 months after the date of filing in Mexico.
- File an international application according to the Patent Cooperation Treaty (PCT) administered by the World Intellectual Property Organization (WIPO) at the IMPI offices.
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A utility model gives the right to stop others from using or selling it. You can manufacture or commercialize your utility model or grant one or more licenses to others. |
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Industrial Design |
An industrial design is the ornamental or aesthetic aspect of an item. It can show three-dimensional features, such as the shape or surface of an item (industrial design) or two-dimensional features, such as a drawing, lines, etc. (industrial blueprinting).
The registration of industrial designs will have a non-renewable term of 15 years from the date of filing and will be subject to payment of the corresponding fees. |
Industrial model The design of a shoe
Industrial blueprinting Drawings for upholstery
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An industrial design registered in Mexico provides protection only within national borders.
To protect an industrial design in other countries, it is usually necessary to file an application in target countries within the next 6 months after the date of filing in Mexico.
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The title to an industrial design gives the holder the exclusive right against unauthorized copy or imitation of such design by third parties.
Industrial designs can be relatively simple, while their creation and protection can be inexpensive. They are reasonably accessible for small and medium-size companies, artists, or artisans. |
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Trade Secret |
A trade secret is any kind of confidential information with an industrial or commercial application which grants a competitive advantage.
Filed information must be in the form of documents, electronic or magnetic media, optical disks, microfilm, film, or other similar devices.
There is no protection term for trade secrets. |
The recipe for Coca-Cola is a trade secret. |
Companies must take the necessary measures to make certain their trade secrets are protected in international markets. |
The holder of a trade secret can disclose it or authorize its use to third parties. The authorized user is obliged never to disclose the trade secret by any means. |
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Layout Design of Integrated Circuits |
A design can be registered if it features original blueprints for layout designs and microchips.
The registration of blueprints will have a non-renewable term of 10 years from the date of filing and will be subject to payment of the corresponding fees. |
CMOS DIGITAL INTEGRATED CIRCUIT FOR REAL TIME SIGNAL COMPRESSION WITH WAVELET ALGORITHM.
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To protect an integrated circuit layout design in other countries, it is necessary to file an application in each country. However, you must verify whether this type of protection is available in target countries because in some cases it does not exist.
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Registering a layout design stops others from reproducing it wholly or in parts, importing, selling, or distributing it in any form for commercial purposes.
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Trademarks |
A trademark is a distinctive sign that indicates when certain products or services were produced or provided by an individual or company.
Trademarks can consist of a single word or a combination of words, letters, and digits. They can also consist of drawings, symbols, three-dimensional features like the shape and packaging materials for goods.
There are other categories for trademarks. Collective trademarks are the property of an organization whose members use them to identify with a certain quality level and other requirements established by the organization.
The registration of trademarks will have a non-renewable term of 10 years from the date of filing and will be subject to payment of the corresponding fees.
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The word BIMBO is a registered trademark.
Accountants, engineers or architect organizations. - Asociación de Lácteos Menonitas de Chihuahua - Chile Habanero de Yucatán |
A trademark registered in Mexico provides protection only un Mexico.
To protect a trademark in other countries, it is necessary to file an application in each country.
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A registered trademark provides protection to its holder granting him the exclusive right to use it to identify products or services, or to authorize third party to use it in exchange of a fee.
Trademarks help consumers identify and buy products or services which due to their nature and quality prevent unfair competition, such as counterfeits.
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The purpose of this information is to provide interested parties a general understanding about industrial property rights protection in Mexico. This information does not replace the legal advise from a lawyer.