On 2007, the firm Novopatent International Service, S.C. (Novopatent I.S.S.C.) was born, locating its main place of business in Cuernavaca City, 30 minutes by bar from the Mexican Patent Office Headquarters (Instituto Mexicano de la Propiedad Industrial).
Novopatent I.S.S.C. is a firm dedicated to the practice of industrial property law for protecting on a worldwide basis ideas and innovation that drive business around the world. Therefore, our practice includes all aspects of patent, trademarks, copyright and plant breeder’s right law, including counseling, prosecution, licensing, and litigation; however, as a service to our esteemed clients we also provide professional services in the areas of corporate law, foreign investments and contentious causes derived therefrom.
Our firm includes not only the shareholders but other professionals as engineers and lawyers with vast experience in industry and the industrial property field, and we all at Novopatent I.S.S.C. seek at all times to provide an excellent service both to our direct clients and foreing associates to help them achieve maximum benefit from intellectual property rights.
Novopatent I.S.S.C. would be delighted to assist you and/or your esteemed clients in obtaining and enforcing the strongest possible protection for your new inventions, trademarks, designs and artistic works either in Mexico or abroad.
The term Intellectual Property encompasses a wide range of legal rights which can arise from the Mexican Law on Industrial Property, the Mexican Copyright Law, and the Mexican Plant Breeder’s Right Law.
Find out which forms of protection are the most suitable for your ideas/works and how to ensure these ideas/works are adequately protected here:
Patent drafting, filing and prosecution services in Mexico and all over the world are rendered through our wide network of associates. Information on the Mexican Patent Procedure can be found here. An invention is defined by law as any human creation which let matter and/or energy existing in nature be transformed in order to fulfill a real need of a human being.
Are not considered as inventions:
For items 3) to 5) above (not considered as inventions) protection is granted through Copyright Law.
Protection is granted for almost all new and useful invention, irrespective of the technological field on which it was developed. Consequently, protection is granted, inter alia, for chemicals, pharmaceutical compounds; alloys, inventions in which microorganisms are used, applied to or derived from, biotechnological processes for obtaining drugs, medicines in general, beverages and foodstuffs for human consumption, fertilizers, plaguicides, fungicides and products with biological activity.
Patentability is excluded only for
The foregoing shall not affect the patentability of inventions whose object is a procedure microbiological or any other technical procedure or a product obtained by such procedures;
The biological material isolated from its natural environment and obtained through a technical procedure, may be the object of a patentable invention, even if it already exists previously in nature.
The industrial application of a total or partial sequence of a nucleic acid or protein should be disclosed expressly in the patent application.
Utility Model. Utility models are those objects, utensils, appliances or tools that, as result of a modification in their arrangement, configuration, structure or shape, show a different function with respect to the parts that comprise it, or advantages in terms of its usefulness.
Industrial Designs include both industrial models and industrial drawings.
Industrial Model will be understood to be any three dimensional shape which serves as type or mold for the manufacturing of an industrial or artisan product, and which gives it a special appearance, so long as it does not imply technical effects.
An Industrial Drawing will be understood to be any combination of figures, lines or colors which are incorporated into an industrial or artisan product for purpose of ornamentation and which gives it a peculiar and unique appearance.
Patents: 20 years as from the official filing date in case of convention cases, or of the international filing date in case of the national phase of PCT patent applications.
Utility Models: 15 years as from the official filing date.
Industrial Designs: 5 years, from the filing date, renewable for successive periods of the same duration up to a maximum of 25 years.
Inventor(s) and his/her assignee(s), if the application is filed by the assignee(s) the respective assignment should be filed. The owner of a patent has the exclusive right to exploit the invention covered by the patent.
If you think your idea may be patentable see us before disclosing the idea to anyone else. Once an idea has been made public any patent application filed after 12 months of said public disclosure will be invalided and you will have forfeited any right to protection.
Information/documents in points 1, 2 and 3 shall be given upon filing application in order to secure and obtain an official filing date.
Protection of Trademarks, including product and service marks, either individual or collective, company names, brand names, slogans and logos, including the preparation, filing and prosecution of Trade Mark applications in Mexico and all over the world. Information on the Mexican Trademark registration process is available here.
Not Registrable, Inter alia,
Unlike patents and designs, it is possible to use a trademark before applying for registration and, in some cases, it is necessary to show that the mark has been used in commerce before it can be registered.
If you are involved in exporting your products/services abroad, it is important to consider protecting your trademarks abroad, as in many countries you can only acquire rights by registering your trademarks.
Formal Requirements for Filing Trademark Applications
-Phonetic and device searches
INFORMATION IN POINTS 1-6 SHALL BE GIVEN UPON FILING APPLICATION SO THAT OFFICIAL FILING DATE AND PRIORITY RIGHTS MAY BE SECURED.
The following flow chart intends to give the reader an idea of the procedural stages followed by trademarks starting from the filing of the application with the mexican patent and trademark office up to the renewal of rights.
Registration of Industrial Design (both industrial models and industrial drawings), including the preparation, filing and prosecution of Industrial Design in Mexico and all over the world through our wide network of associates. The process of registering an Industrial Design in Mexico can be found here.
An Industrial Model will be understood to be any three dimensional form which serves as type or mold for the manufacturing of an industrial product and which gives it a special appearance, so long as it does not imply technical effects. For example, a new shape for a bottle or a chair can be registered as a Model. The protection given by a registered model is based on the visual appearance of the article and therefore this form or protection is useful where the article itself is not new but the shape is new indeed.
An Industrial Drawing will be understood to be any combination of figures, lines or colors which are incorporated into an industrial product for purpose of ornamentation and which gives it a peculiar and unique aspect. As with patents, it is important not to show your new design to other people before you have applied for a Design Registration.
Though the rights arise automatically on the creation of the work, protection of artistic creations through the Mexican Copyright law is a wise way of recognition of the property of art works. Information on the Copyright registration process can be found here.
Copyright protects original literary or artistic works. In accordance with the Mexican Copyright Law, it is possible to obtain protection in the following categories: literature, music, drama, dance, paintings, sculpture, comics and cartoons, architecture, cinematography, radio and TV programs, photography, applied art and design, and all artistic creations in general.
New, distinct and homogenous varieties of plants can also be protected in Mexico through the Mexican Plant Breeder’s Rights law.
New, distinct and homogenous varieties of plants can also be protected. In such a case, the owner of the right gains control of the right to reproduce the plant. Please contact us if you require further information in this regard.
Patent and Trademark searching services in Mexican Patent and Trademark’s databases are rendered with a professional team. Information on searching can be found here.
A search will save time and money by finding similar ideas or trademarks which have already been registered. Patents will not be granted for old ideas so it is advisable to have a preliminary search conducted before investing in a patent application. A search will help you decide which aspects of your invention or design are new and therefore what breadth of protection you could obtain.
Patent searches are not comprehensive since, by law, pending patent applications remain secret until they are published eighteen months after the filing date or the priority date. For trademarks a search will show if anyone else has registered that or a similar trademark. Novopatent I.S.S.C. can carry out a trademark search in the Mexican PTO’s database. By using this capability we can provide you with a comprehensive and up to date report on the novelty of your proposed trademark.
A renewal and reminder system is implemented at our office to assist you in safekeeping important rights.
Drafting and negotiation of agreements, licenses and assignments for all areas of Intellectual Property Rights.
Patents, Trademarks and Registered Designs are forms of property, which means you can sell them in the same manner as you might sell other properties. You can also lease these properties to third parties (license them). By licensing the right to use your intellectual property you can maintain ownership of the rights and collect royalties from the users. Novopatent I.S.S.C can assist you in the preparation of license agreements which ensure that you optimize the return from your intellectual property without jeopardizing your rights.
Novopatent International Service, SC, with address at Paseo Camelias No. 3-102 Tabachines Cuernavaca Morelos, CP 62498, notifies you that, in accordance with the Federal Law on Protection of Personal Data Held by Private Parties, your personal data, referred to in the documents provided by you, those obtained by personal references and those that we generate due to the services requested or contracted by you and provided by this Firm, will be treated only for the identification, operation, administration and marketing corresponding to the contracted services .
Your personal data will not be transferred to third parties for other purposes than those mentioned above, safeguarding their privacy.
You may limit the use or disclosure of your personal data by requesting it in writing to the email: email@example.com
The revocation of consent on the processing of your personal data, when appropriate, may be requested in writing to the aforementioned email.
Any modification to this privacy notice may be made by this Firm when required and will be made known through its website: www.novopatent.com
The content of this website is merely informative about the intellectual property system in Mexico.
The information provided should not be interpreted as advice and/or legal advice, consultation or legal opinion, and the firm Novopatent International Service, S.C. rejects any responsibility with respect to said information.
We recommend that you seek and obtain legal advice from one of our legal professionals on any particular and specific matter before making any decision regarding the content of this website.
Access to the information on this website does not mean that you are using our professional services nor will there be a relationship as a client.
Novopatent International Service, S.C. is not responsible and disclaims any responsibility for the content of the web pages to which you can link from this website.
The content of this page, including its design, is subject to and protected by federal copyright law, with the exception of content that is in the public domain under applicable copyright laws.
Mexican Patent Office
Mexican Association for the Protection of Industrial Property
World Intellectual Property Organization
US Patent Bibliographic Database
European Patent Office Database
International Association for the Protection of Industrial Property
We have an excellent team, trained in different areas of performance that the business areas and customer demands require professionals.
“Our firm is not only shaped by the shareholders but also integrate other professionals such as engineers and lawyers with extensive experience in the industry and in the field of industrial property, and all of us at Novopatent ISSC seek at all times to provide excellent direct service to both our customers and our external to help them achieve the maximum benefit on their intellectual property rights associated with it.”
B. Sc Chemical Engineering, National Polytechnic Institute, Mexico City. Fully bilingual in Spanish and English. Heavily trained on industrial property systems in Japan. Previous experience as chemical engineer in pharmaceutical industry, nuclear power plants and chemical and petrochemical industry. He is also experienced as an external consultant to different Mexican companies and organizations. Senior practicioner within the patent department staff of the Mexican Institute of Petroleum. Vast experience in patent preparation and prosecution, trademark filing and prosecution.
LL. B. National Autonomous University of Mexico, Mexico City. Over twenty years of comprehensive experience in foreing investments and transfer of technology causes, as well as in intellectual property law and corporate law at diverse law firms. He is engaged mainly with trademark, corporate law, foreign investments and litigious procedures arising from these fields.
B. Sc. Chemical Engineering, National Polytechnic Institute, Mexico City. Bilingual in Spanish and English. Expertise and idustrial experience in the fields of fluid mechanics, heat transfer operations and equipment, mass transfer operations and equipment. She handles general patent prosecution work and is particularly experienced in pharmaceuticals and agro-chemicals. She handles trademark filings and trademark prosecution.
B. Sc Mechanical and Electrical Engineering, National Autonomous University of Mexico, Mexico City. Trilingual in Spanish, French and English. Over ten years of extensive industrial experience in telephony and video communications, including training at Alcatel (former ITT), Austria. Also experience in general signal processing and telecommunications, and electrical distribution and power control systems. He handles general patent prosecution work and is particularly experienced in telecommunications and electronic devices. His practice also encompass trademark filing and prosecution.
B. Sc. Mechanical Engineering, National Polytechnic Institute, Mexico City. Bilingual in Spanish and English. Over fifteen years of extensive experience in diverse areas of automotive industry, particularly as engineer responsible for evaluating, testing and modification of vehicles at Renault, Mexico. Vast experience in combustion engines, and processing and analysis of materials. Formal and on the job training in industrial property topics. He handles general patent prosecution and is particularly experienced in mechanical and electrical patents.
B. Sc. Bacteriology and Parasitological Chemist, National Polytechnic Institute, Mexico City. M. Sc. Phytopathology, Postgraduate College of Chapingo, Mexico. Fully bilingual in Spanish and English. Extensive experience in molecular biology and cell biology. She handles general patent prosecution in the filing of biotechnology and biopharmaceuticals. Formal and on the job training in intellectual property matters.
B. Sc. Biology, National Autonomous University of Mexico, Mexico City. Ph. D. Ecology at National Autonomous University of Mexico, Mexico City. Fully bilingual in Spanish and English. Extensive experience in the fields of biochemistry, molecular biology, virology, and cell biology. Her practice is focused on biotechnology and biopharmaceuticals patent prosecution.
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Paseo Camelias 3, Suite 102 Club de Golf Tabachines Cuernavaca, Morelos C.P. 62498 México.
Phone +52 (777) 310-6590
Fax +52 (777) 310-6591
Web site: www.novopatent.com/en
PO BOX 1188 Cuernavaca, Morelos 62001 Mexico