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ARTICLE · 09 OCTOBER 2006

How To Protect Patent Rights After Having Received The Letters Patent

When all efforts to obtain the protection of an invention have succeeded, applicant is granted a Letters Patent, whereby an exclusive monopoly right is obtained for a specific period of time, commonly for 20 years, to exploit the invention in the country wherein the said rights were granted.

MexicoIntellectual Property

When all efforts to obtain the protection of an invention have succeeded, applicant is granted a Letters Patent, whereby an exclusive monopoly right is obtained for a specific period of time, commonly for 20 years, to exploit the invention in the country wherein the said rights were granted.

However, the actions of a patentee do not end when receiving the Title, Certificate or Letters Patent. On the contrary, it is important to act properly to protect and to keep said exclusive monopoly in force, since rights may be lost when overlooking the following aspects:

Maintenance Fees: The first issue is to effect the payment of the maintenance fees for the patent granted, inasmuch as if the fees are not paid before the expiration date yearly or by period (in Mexico the periods comprise five years), the corresponding Patent Office may declare the patent as nullified or cancelled.

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