Federal Law For The Protection Of Industrial Property Relevant Changes On Patents

• Published date: 25 November 2020
• Subject Matter: Intellectual Property, Patent
• Law Firm: OLIVARES
• Author: OLIVARES

On July 1, 2020, and as a result of the entry into force of the United States-Mexico-Canada Agreement (USMCA), the new Federal Law for Protection of the Industrial Property (IPPL or the new IP Law) was enacted.

The new IP Law represents an important legislative change, as it is aimed at matching the domestic law with the standards set by the new trade and cooperation agreements signed by Mexico in recent years, and it will come into force on November 5, 2020.

The new IP Law also represents a major change to most of the chapters of the former law, impacting the protection of the various legal figures contained in the law.

Focusing specifically on the protection of Industrial Property Rights, the new law is introducing new changes on patent prosecution, as follows:

• Double patenting prohibition. While this is the current practice, the new law introduces an explicit prohibition.
• Grace period for prior art disclosures made by third parties in violation or breach of confidential agreements.
• A...