In general, Latin American countries do not accept patents claiming an use or a second use.  Except for Mexico and Panama, where it is possible to claim a special use or a non obvious use of a product.

The deadlines to enter a PCT application into national phase, starting from the first priority date, are:

30 Months: Chile, Mexico, Perú

31 Months:  Colombia, Ecuador

If you are still on time, feel free to contact us.

In order to file a patent application in Mexico we need the following information and documents:

I. Prior to filing

a. Specification and claims.

b. Drawings.

c. Name, nationality and address of the applicant(s).

d. Name, nationality and address of the inventor(s).

e. State or Country of incorporation of the applicant, if it is a corporation, partnership, limited liability company, etc.

f. Date, title, serial number and country of origin of the claimed Paris Convention priority (if any).

g. Date and circumstance of any prior disclosure of the invention (if any).

h. (PCT only) Information about if demand according to Chapter II was filed

II. After Filing:

i. Formal drawings.

j. Abstract of the disclosure.

k. Power of attorney for trademark/patent filing (form attached). The power of attorney does not need notarization or legalization.

l. Mexican assignment, if the applicant is not the inventor, executed by the inventor and the assignee (form attached).

If it is an original document, it does not require notarization or legalization. The assignment should state the same or a prior date to the filing date on Mexico.

The Mexican Patent and Trademark Office does not accept photocopies. The applicant may use the assignment already filed with a foreign Patent Office if it is a worldwide or regional assignment or makes explicit reference to Mexico and was executed by both parties, but we would need a certified copy authenticated with the Apostille or legalized by the nearest Mexican consul.

PCT applicants may file this document at any time without paying additional fees. Non-PCT applicant must file the assignment upon request of the Mexican Patent and Trademark Office.

m. Written evidence of deposit of biological material in an entity recognized by the Budapest Agreement, if applicable.

n. Documentation showing prior disclosure of the invention, if applicable.

o. Certified copy of the original priority application if priority is claimed. This document must be filed with the full Spanish translation within a non-extendable three-month term after the filing of the patent or design application in order to have the priority claim acknowledged.

Latin American countries that are part of the PCT are and that are covered by our services are:

1. Colombia
2. Ecuador
3. Chile
4. Peru
5. Mexico

• Guatemala