- Apply for a Mexican patent
- Apply for a Mexican industrial design (equivalent to a U.S. design patent)
- Apply for a Mexican trademark
Mexico is a party to various intellectual property (IP) treaties and a member state of the World Intellectual Property Organization (WIPO). In addition, its national IP office, the Instituto Mexicano de la Propriedad Industrial (IMPI), participates in various worksharing and other cooperative programs with the USPTO. Below are helpful resources with information about Mexico's participation in these treaties and programs.
Treaties that help facilitate IP filings
Paris Convention (possibility of securing “priority” for overseas IP filings)
Patent Cooperation Treaty (international patent applications)
The Patent Cooperation Treaty (PCT) is an international agreement, which makes it possible to request patent protection in multiple countries through the filing of a single “international” patent application. Mexico, like other Contracting States, has particular requirements for obtaining a patent in its territory through the PCT. For example, Mexico requires appointment of an agent if the applicant is not a resident of Mexico. For more information, see the WIPO National Phase PCT Applicant's Guide for Mexico.
Hague Agreement (international design patent applications)
The Hague Agreement entered into force in Mexico on June 6, 2020. The Hague Agreement offers the possibility of obtaining protection for up to 100 industrial designs in designated member countries and intergovernmental organizations by filing a single international application in a single language. For more information, see Mexico Joins the Hague System.
Madrid Protocol (international trademark applications)
A trademark owner may be able to use its USPTO trademark application or registration as the basis for obtaining trademark protection in Mexico through the Madrid Protocol. Visit WIPO to file an international application. For more information, see WIPO's Amendments to the Mexican Industrial Property Law.
Worksharing and other cooperative arrangements
Patent Parallel Grant Agreement (leveraging USPTO search and examination in Mexico)
Patent Prosecution Highway (accelerated prosecution)
The USPTO participates with the IMPI in a Patent Prosecution Highway Pilot. When an applicant receives a final ruling from the USPTO that at least one claim is allowed, the applicant can request fast track examination of corresponding claim(s) in a corresponding patent application that is pending at the IMPI, and vice versa. To request accelerated prosecution of a Mexican patent application based on an allowable claim at the USPTO or another IP office, visit the IMPI's website.
Priority Document Exchange (electronic transmission of certain filing documents)
The USPTO and IMPI participate in WIPO Digital Access Service (DAS), which allows the free, electronic transmission of certain filing documents between IP offices. It automates the provision of priority documents to offices of second filing, which is generally required to obtain the “right of priority” under the Paris Convention. For more information, see the USPTO’s Electronic Priority Document Exchange (PDX) Program or WIPO's notifications regarding IMPI and DAS.
Learn more
Use the below interactive map to learn more about IP protection in the highlighted countries/regions.
