Patent Invalidation Proceedings in Mexico

In Mexico, the only way to challenge an examination decision issued by the Mexican Intellectual Property Office is to file an invalidation lawsuit. This is not an examination procedure within the Intellectual Property Office, but a litigation procedure that must be conducted in the Mexican Intellectual Property Court. Its purpose is to resolve disputes between citizens and administrative authorities when the actions of administrative authorities are deemed illegal or infringe on citizens' rights.

Related programs:

- The invalidity petition, together with all supporting evidence, is filed with the Mexican Intellectual Property Court.
- The IP Court examines the appeal to determine whether it complies with all formal requirements and decides whether to accept the appeal.
- Once accepted, the IP Court will forward the appeal to the defendant (MPTO) and any relevant third parties and give the defendant 30 days to respond.
- Once the Response is filed, the Mexican Intellectual Property Court will provide the parties with 5 working days to file their Final Charges.
- After reviewing the case, the IP Court renders a ruling. If the ruling is in favor of the plaintiff, the court will instruct the MPTO to issue a new examination decision.

Typically, this appeal process takes approximately 8-12 months, and once the IP Court issues a ruling, the plaintiff has a final opportunity to challenge the decision through a constitutional appeal.

Appeal deadline:

• Invalidation lawsuits must be filed within 30 working days from the date of the rejection notice.

Required documents:

• Power of attorney, which must be signed by the patent owner and notarized or Apostille