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ARTICLE · 02 DECEMBER 2008

How The PCT Has Influenced The Mexican Patent System

The enforcement of the Patent Cooperation Treaty (PCT) in Mexico will celebrate 14 years next year.

MexicoIntellectual Property
Fernando Rosales-Vazquez
Fernando Rosales-Vazquez
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The enforcement of the Patent Cooperation Treaty (PCT) in Mexico will celebrate 14 years next year.

As of June 1995, when filing of patent applications under the PCT officially took off, the PCT system has proven to be an efficient and useful tool for the filing of patent and utility model applications in Mexico. In fact, the number of patent applications in Mexico has been steadily rising year after year, and an important percentage of these applications have been filed under the PCT system.

The LPI does not mention any specific provision for filing national phase applications in Mexico. Considering that there is no link between many of the provisions of the LPI and the PCT, and since the PCT, as an International Treaty, is above the LPI, many of the provisions for filing the formal requirements of national phase applications are taken directly from the PCT. These PCT provisions have become a normal practice for filing the formal requirements of a national phase

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