Patents 2024 - 14th Edition

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?

As of November 5, 2020, the Industrial Property Protection Law (IPPL) provides the possibility of enforcing patent rights either through an administrative infringement action before the Mexican Patent Office (IMPI) or a civil claim before the Civil Courts.

The traditional venue to enforce a patent is through administrative proceedings (infringement action) before the IMPI, which is not a Court of Law, but a federal administrative entity. The decisions of this agency on patent infringement cases can be appealed by any one of the intervening parties with a specialised IP Court. The decision issued by a specialised IP Court can be appealed before the Federal Circuit Courts in Mexico City; however, the case is turned randomly by a computer system. By territorial jurisdiction, IP matters are