January 15, 2026
What rights do I have when I file with IMPI in Mexico?
Filing an invention, design, or distinctive sign before IMPI is not “just paperwork”—it’s how you turn an idea into a legally protected asset. These filings help you secure what you created, support your investment (time, money, development), and reduce the risk of third parties taking advantage of your work or creating confusion in the market.
Mexico’s Industrial Property Law is designed to protect industrial property, prevent acts against industrial property or unfair competition, and promote innovation, technical improvements, creative design, and the dissemination of technological knowledge.
That’s why it’s important to understand your rights as an inventor/creator and choose the right protection route (patent, registration, or certificate) before you file.
Your core right: recognition as the creator
If you are named in the application, the law presumes you are the inventor/designer/creator, and you have the right to be recognized—this right cannot be waived.
If there are co-creators: rights are shared
If two or more people created jointly, the right to obtain the patent/registration belongs to them together.
If two people create independently: timing matters
If multiple people create the same invention/design independently, the better right goes to whoever files first (or claims earlier priority), as long as the application is not withdrawn, abandoned, or refused.
You can transfer the right
The right to obtain a patent or registration can be transferred through legally recognized means.
Protection routes: Patent, registration, or certificate?
A) Patent (for inventions)
- Term: 20 non-extendable years from the recognized filing date (with annual fees).
- Main right: to stop others from making, using, selling, offering for sale, or importing without consent.
B) Utility model registration (for functional improvements)
- Term: 15 non-extendable years (with annual fees).
- Main right: to stop making/using/selling/offering/importing without consent.
C) Industrial design registration (for the look/appearance)
- Term: 5 years, renewable up to 25 years (with fees).
- Main right: to stop others from making/using/selling/offering/importing products that incorporate the design (or a substantial copy) without consent.
D) IC layout design (topography) registration
- Term: 10 non-extendable years (with annual fees).
E) Complementary certificate (specific delay cases)
- If IMPI determines an unreasonable delay, it may grant a complementary certificate equal to 1 day for every 2 days of unreasonable delay.
It takes effect after the 20-year patent term ends (if the patent remains in force).
Want to choose the right protection route and file correctly in Mexico?
Merida IP specializes in Intellectual Property in Mexico and handles all proceedings before IMPI. DM us or request a consultation.
CONTACT
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