Patents 2020: A Practical Cross-Border Insight Into Patent Law

1 Patent Enforcement

1.1 Before what tribunals can a patent be enforced against an infringer? Is there a choice between tribunals and what would influence a claimant's choice?

In Mexico, the problem of selecting the competent Judge or choosing jurisdiction is minimal. Indeed, the only venue to enforce a patent is through administrative proceedings (infringement action) before the Mexican Patent Office (IMPI), which is not a Court of Law, but a federal administrative entity. IP enforcement is federal law; no state law is available. However, the decisions of this agency on patent infringement cases can be appealed by any one of the intervening parties, thus bringing the matter up before a single specialised IP Court. The decision issued by a specialised IP court could be appealed before 20 Federal Circuit Courts at Mexico City; however, the case is turned randomly by a computer system. By territorial jurisdiction, IP matters are mainly decided at Mexico City.