Update On Divisional Applications In Mexico

I. Introduction:

Divisional practice is important for almost any company interested in obtaining patent protection in certain regions. In Mexico, divisional applications have been filed throughout the years, both voluntarily and resulting from a lack of unity objection, and they are an excellent venue for strengthening patent protection.

On November 5, 2020, a new IP law entered into force. This new law has changed the practice for filing divisional applications in Mexico, as we will further discuss. In the previous law, voluntary divisionals were not specifically contemplated, and the legal support for filing voluntary divisionals was found in article 4-G(2) of the Paris Convention, in which the applicant would have the opportunity of voluntarily filing a divisional application, as long as the parent case was pending. The new law specifically covers the possibility of filing voluntary divisionals and establishes a specific deadline for filing them. However, there