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Utility And Enablement Issues In Patent Protection In Mexico.
The Mexican patent law enacted on June 28, 1991 and its amendments enacted on October 1st, 1994 contain provisions requiring the fulfillment of certain utility and enablement requirements for patents.
Although the law defines said issues in a rather generic manner, some practice has been already developed at the level of examination of pending applications by the Mexican Industrial Property Institute (IMPI) that render it important to draft patent specifications in order to show utility of the invention, that is, in order to show that the invention is operative for at least a purpose set forth in the patent application. The invention, however, is not required to be unerringly effective in its operation; all what is required is usefulness in some instances. Also, the invention is not required to be operational in the sense of the existence of a marketable embodiment. For biotechnology-related inventions, it is
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