The legislation on patents – the Industrial Property Law
– establishes that a patent application must include detailed
sections, such as the specifications, drawings and their
description, claims and an abstract. Professionals directly
involved with this branch of intellectual property are familiar
with the information contained in these sections, as this knowledge
is critical in order to deal with objections raised by the Mexican
Institute of Industrial Property (IMPI) in the substantive
examination of a patent application.
The set of claims of a patent application contains the subject
matter for which the rights conferred by the patent will be
granted. Therefore, this subject matter must be properly supported
in the original application as a whole (Article 55bis of the
Industrial Property Law). Thus, if the intention is to protect a
composition containing elements A, B and C, which are duly
disclosed in the application, but this composition also claims
