Patent Litigation

1 What is the forum for the conduct of patent litigation?

Patent litigation in Mexico is taken before the Mexican Institute of Industrial Property (in the foregoing IMPI). IMPI has enough authority for ruling on infringement and invalidity cases regarding patent cases and also for awarding damages in separate proceeding, once infringement decision is final and beyond shadow of appeal. IMPI has also all the technical people and patent specialist needed to resolve the cases.

Final decisions of IMPI for both infringement and invalidity cases, can be appealed before the Specialized Court for Intellectual Property Matters of Federal Court for Administrative Affairs (in the foregoing FCAA). Before this Court, parties may request to rule again on the merits of the cases and argue due process of law. This Court, however, does not have technical judges.