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Renewal fees in Mexico must be paid by certain dates. In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
No annuities are due throughout the application process. The first renewal, which covers the first five annuities from the grant date, is paid 2 months after the grant date to the Mexican Institute of Industrial Property.
For example, if the grant date is 2022-01-20, then the first renewal must be paid by 2022-03-20.
Renewal fees are not paid annually in Mexico. After the first renewal has been paid, subsequent renewals are due every 5 years, each covering five annuities. The due date should be the month and date corresponding to the filing date.
For example, if the filing date is 2020-02-01, and the grant date is 2022-01-20, then the second renewal must be paid by 2027-02-01.
In Mexico, there are other types of intellectual property besides patents. These include utility models and designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
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There are no annuities due in Mexico before the patent is granted. Once the patent has been granted, annuities must be paid in accordance with the renewal interval described above under the section Due Dates.
The renewal fees in Mexico can be settled at any given time. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Yes, it is possible to renew a Mexican patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
No, local representation is not necessary in order to carry out a renewal in Mexico. Anyone can renew a patent in Mexico if they submit the payment in accordance with the national regulations.
A patent will stay in force for 20 years in Mexico from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
