recently, Mexican Patent Office (IMPI) And the United States Patent and Trademark Office (USPTO) A new procedure was implemented in cooperation——The Patent Grant Acceleration Program (APG) , The procedure is designed to speed up the granting of Mexican patent applications based on the examination of the corresponding United States application.

With the existing patent examination highway plan (PPH) Parallel patent licensing program (PPG) combination, APG is IMPI and USPTO The result of joint efforts to simplify and speed up procedures by exchanging the results of work. it APG In terms of, Even when the substantive review has begun, Applicants may also apply, This is related to PPH The requirements for submitting an application before the substantive examination has commenced vary.

This procedure is only applicable to patent applications filed electronically, therefore, If the patent application is still undergoing physical examination, Then need to IMPI Make an electronic application request.

besides, The following requirements should also be noted:

(1) A Mexican patent application must be in place USPTO The corresponding patent application, Applied for and has been authorized and published.

(2) On the basis of "Paris Convention" , The Mexican patent application shall claim priority over the relevant United States application, Or priority claims should be shared.

(3) All claims in a Mexican patent application shall be fully consistent with the claims in a U. S. patent application, This means that format changes or different practice changes are allowed, However, the claims of a Mexican patent application should be the same or narrower than those of a U. S. patent application, If necessary, The applicant may communicate with APG Request an amendment together, To meet this requirement. Deletion of claims is also allowed.

(4) The patent application is published and the third party observation period ends.

As far as division applications are concerned, Pending final resolution of their initial application, Suspend join APG project. The scope of initial patent applications accepted for accession does not include divisional applications, The applicant must therefore submit a request for each subcase application.

If the join request does not meet the criteria, Can reapply.

Expanding access to shorter patent examination times is a positive development for applicants seeking patent protection in Mexico, This allows them to streamline the process and enhance the patent licensing experience. APG The program provides an attractive path for applicants with U. S. granted patents, For widespread use PPH The plan offers complementary options. therefore, It is important to take this into account when planning Mexico's patent strategy. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Wu Xian



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