Working Of Patents In Mexico

Although the Mexican Law on Inventions and Trademarks enacted back in 1976 punished non-working of patents by considering them as lapsed if actual working was not effected in Mexico prior to 3 years as of grant or 4 years as of filing, whichever was longer, lapsing of patents in view of lack of working could be avoided by justifying such non-working with the filing of an "excuse affidavit" based on the Paris Convention, the effect of which was to merely subject the patent to the compulsory licensing system.

After January 19, 1987, the excuse affidavits were abolished for patents granted after said date and only actual working affidavits continued to be filed when necessary. If actual working affidavits were not filed, the patents were only subject to the compulsory licensing regime, but did not lapse.