Issues To Consider Regarding Postgrant Amendment Of Patent Claims

Increasingly, Mexican patents have a different (often broader) scope from their foreign equivalents due to opposition proceedings or postgrant reviews held abroad. This situation has led patentees to consider the post- grant amendment of the scope of such patents more often. However, patentees must consider certain issues when assessing the feasibility of amending the claims of a granted patent in Mexico.

According to Article 61 of the Industrial Property Law, postgrant amendments are permitted for patent claims. However, such provision allows only amendments that comply with precise requirements: this kind of amendment is permitted only when it is to correct an obvious or formal error or to limit the scope of patentable interests.