While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in Mexico, you are obliged to pay a recurring renewal fee to the Mexican Institute of Industrial Property (IMPI) to maintain the patent.The first renewal fee will be due quinquennially (every five years) starting from the anniversary of the patent’s filing date upon the grant of the patent.
For example: if the filing date of a patent is 2017-05-17, and the grant date of the patent is 2020-02-21, you will only have to settle the first renewal fee quinquennially for a period of five-years from Year 4 to Year 8 on the anniversary of the patent's filing date on 2020-05-17. Years 1, 2 and 3 are exempted from the payment of renewal fees.The next annuity will be due for renewal quinquennially (from year 9 to year 13) on 2025-03-17.
In the event that the patent is granted more than five years after the date of filing, you will have to settle the renewal fees quinquennially within 2 months from the grant of the patent.
For example: if the filing date of a patent is 2017-05-17, and the grant date of the patent is 2021-06-19, you will have to settle the first renewal fee as a sum-up from Year 5 to Year 9 on the anniversary of the patent's filing date on 2021-08-19. The next annuity from Year 10 to Year 14 will be due renewal on the anniversary of the patent’s filing date on 2026-05-17.
In Mexico, there are other types of intellectual property apart from patents. At PatentRenewal.com, we have all of the necessary tools and procedures to ensure that both types can be renewed through us.
Intellectual Property Type #1 - Mexican Utility Models
A utility model right in Mexico is valid for 10 years from the filing date and cannot be extended further. A utility model right can be maintained by paying renewal fees. The renewal fees for a utility model right is paid for a 5-year period starting from the anniversary of its filing date upon its grant.
Intellectual Property Type #2 - Mexican Designs
The duration of a design right is valid for a total term of 25 years from the date of filing. A design right can be maintained by paying renewal fees. The renewal fees for a utility model right is due every five years for a maximum duration of twenty five years.
The patent renewal fee is paid as a sum-up every five years. For further clarification, please refer to the cost-breakdown below.
The first renewal fee will be due quinquennially (every five years) starting from the patent’s filing date upon the grant of the patent.
For example: if the filing date of a patent is 2017-05-17, and the grant date of the patent is 2020-02-21, you will only have to settle the first renewal fee quinquennially for a period of five-years from Year 4 to Year 8 on the anniversary of the patent's filing date on 2020-05-17. Years 1, 2 and 3 are exempted from the payment of renewal fees. The next annuity will be due for renewal quinquennially (from year 9 to year 13) on 2025-03-17.
The renewal fees can be paid anytime before the payment due date.
Yes, it is possible to renew a Mexican patent after its deadline. There is a 6-month grace period given, whereby the renewal fees can still be settled. When entering this grace period, you will incur a penalty fee of 100% in addition to the regular annual renewal fee for the corresponding year. Failure to pay this fee during the grace period will result in the patent being abandoned.
You can either appoint a registered patent agent with the Mexican Institute of Industrial Property (IMPI). Alternatively, one can also send renewal fees if one has a residential address in Mexico.
In order to maintain a patent in Mexico, renewal fees need to be settled annually with the IMPI. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. If you want to maintain the patent, the renewal fees are mandatory, if not paid the patent will lapse.
You can get in touch with the Mexican Institute of Industrial Property (IMPI) via email or phone;
Email: buzon@impi.gob.mx
Phone: +55 5624 0400