Infringement
Patent litigation in Mexico is a relatively new field of
practice for Mexican attorneys. With amendments to the Industrial
Property Law which introduced the concept of damages for
infringement of Industrial Property rights, and which entered into
effect in 1994 and with Mexico's joining the Patent Cooperation
Treaty (PCT) as from January 1995, the basis for patent litigation
in our country were established.
As of today, the number of cases for patent infringement tried
with the Mexican Patent Office is still relatively low, especially
when compared to cases involving trademarks. As a result, we still
face some inconsistencies during the process and, more importantly,
in claim interpretation and in substantive issues such as novelty,
inventive step and obviousness. In theory, for instance, we could
assume from the applicable statute that there are direct
infringements and infringement activity on grounds of equivalency;
however, we are yet to have Court
