A Closer Look At Post-filing Data In Patent Applications

Mexican patent law does not require experimental evidence covering every embodiment within the scope of a claim. However, it provides that that the description of the invention has to disclose the invention in a sufficiently clear and complete way to allow a person skilled in the art to make it, and the best method known to the applicant of carrying out the invention, as well as the information to support the industrial application of the invention.

Therefore, even though the claims should be considered as commensurate in scope with a reasonable generalisation of the disclosed examples, in practice, when an application does not include experimental evidence for all the embodiments, examiners sometimes raise sufficiency of disclosure, clarity, support and/or inventive step objections.