New Update On Cascade Divisional Applications In Mexico.

In our July newsletter regarding the same topic, we informed you about a change of criteria adopted by the Mexican Institute of Industrial Property (IMPI) in which, as of May of this year, they are not accepting any voluntary cascade divisionals, if the first parent case has been allowed and has issued as a patent or if it was abandoned.

We also mentioned in our past newsletter that at that time IMPI was not questioning the validity of voluntary cascade divisionals that were filed before this abrupt change of criteria, but that this change of criteria did leave them in a fragile situation.

Nevertheless, we regret to inform you that in the last weeks of August and first weeks of September, IMPI has begun to issue substantive office actions rejecting cascade divisionals that were previously accepted and which had complied with all formal requirements. They are overturning their decision to accept voluntary cascade divisionals deriving from a parent case