Update On Cascade Divisional Applications In Mexico

As a follow-up to our newsletter distributed on May 2022, we now have an update on a new criterion that has been recently adopted by the Mexican Patent Office (IMPI) to cascade divisionals that are being filed in Mexico.

In view of the new Federal Law for the Protection of Industrial Property (FLPIP) which entered in force on November 05, 2020, IMPI started denying all voluntary cascade divisional applications regardless of whether the parent case was filed before or after November 05, 2020.

While the FLPIP prohibits the filing of voluntary cascade divisionals, accepting them only when IMPI issues a lack of unity objection, the former law never prohibited or restricted this practice.