MEXICO
NO FORMAL PATENT OPPOSITIONS PROCEDURE
Given the case in which somebody has information or comments related to the patentability of the invention of a pending patent application in Mexico, the Mexican Patent Law establishes that the person may file the information within the next six months after the patent’s publication, but it is not taken as a formal patent opposition under the Mexican Law
This means that the filed information may be considered by the examiner when prosecuting the patent application, but he/she does not have to imperatively take that information into account. As a matter of fact, the filing of the information will not suspend the prosecution of the patent application and the person filing it will not be considered a party nor have access to the patent file.
After the Mexican Patent Office grants a patent, any person may inform causes of invalidity regarding any granted patent. Even in that case, the Office has the faculty to discretionally initiate an “ex officio” cancellation proceeding.
