Current Challenges In Mexican Patent Practice: Divisional Applications And Double Patenting

Sergio Olivares and Mauricio Samano of OLIVARES explore the evolving landscape of patent law in Mexico, with a focus on the complexities of divisional applications and the challenges faced by applicants navigating the new legal framework.

Since our current IP law (LFPPI) entered into force on November 5, 2020, we have seen several positive changes in Mexican patent practice. Our current IP law contemplates the patentability of medical uses and specifically contemplates the possibility of filing voluntary divisional applications. Another magnificent change in our IP law relates to grace periods. Article 52 of our new law still provides a 12-month grace period wherein public disclosures made by the applicant or their successor in title do not destroy novelty, provided that said disclosure was made within 12 months before the filing date or the priority date. Nevertheless, it broadens the activities that may qualify for getting the grace period, including now any