Prosecution and protection of inventions

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Examining changes in the prosecution and protection of inventions Edith Rivero and Victor Garrido of Dumont analyse provisions in the new Federal Law for the Protection of Industrial Property, including those relating to withdrawal of a priority claim, patentable subject matter, divisional applications, supplementary certificates and the Bolar exemption

After a long wait Mexico finally has a new IP law intended to align the country with the commitments acquired through recently signed international agreements, specifically, the Comprehensive and Progressive Agreement for TransPacific Partnership 2018 (CPTPP) and the United States-Mexico-Canada-Agreement 2020 (USMCA).

The new law, now called the Federal Law for the Protection of Industrial Property, hereinafter referred to as the FLPIP, was enacted on July 1 2020, and will come into force on November 5 2020.

The FLPIP includes provisions directly impacting the prosecution and protection of inventions in Mexico. This article is aimed at providing a general overview of the main changes implemented by the new law.

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