Monthly News | Intellectual Property | October 2024

SUPREME COURT DETERMINES THAT THE RESERVATION OF THE MEXICAN STATE TO THE REGULATIONS OF THE PATENT COOPERATION TREATY IS CONSTITUTIONAL Read more...

Last Friday, October 4, 2024 was published in the Judicial Weekly of the Federation the jurisprudence thesis with digital registry 2029421, in which the Second Chamber of the Supreme Court of Justice of the Nation confirmed the constitutionality of the reservation made by Mexico to Rule 49.6 of the Regulations of the Patent Cooperation Treaty (PCT).

The controversy arose when the Mexican Institute of Industrial Property considered a patent application withdrawn for having been filed outside the 30-month term established in the PCT. The applicant company tried to invoke Rule 49.6, which allows the extension of the term, but such rule had been subject to a reservation by the Mexican State, which led the company to question its constitutionality.