Accelerated Patent Grant (APG)

Accelerated Patent Grant (APG)

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On November 13, 2023, the Mexican Patent Office (IMPI) published the “User Guide for the Accelerated Patent Grant Agreement (APG)”, which details the procedure and requirements to access the Agreement benefits.

Under the APG process, the granting of Applications filed before the IMPI, including patents, utility models, and industrial designs, may be accelerated, either before the substantive examination starts or during the same. 

The requirements are the following:

·    The Mexican Application must have a corresponding US Application that has been granted and published in the United States Patent and Trademark Office (USPTO) Patent Gazette.

·       The Mexican Application must claim priority to the US Application or have a priority in common with the US Application.

·       All the claims of the Mexican Application must sufficiently correspond to the US patent.

·       The Mexican Application must have been published, and the Third-Party Observations period should be completed.

Some restrictions to the process are detailed below:

·       Applications claiming non-patentable subject matter in Mexico are not eligible.

·       If the Mexican Application is a divisional application, the initial application must have a final resolution (notice of allowance, denial, or abandonment), otherwise, the APG process will be suspended.

·       The last opportunity to request the APG is in response to the third (out of four possible) Office Action related to substantive examination.

The process is relatively easy since the request is made via the IMPI’s portal by providing the Mexican Application number and the publication number of the equivalent US patent. It is also possible to file an amendment to comply with the requirement of sufficient correspondence of the claims.

Further information: Please write to main@bcb.com.mx

https://www.gob.mx/cms/uploads/attachment/file/870254/091023_Guidelines_Accelerated_Patent_Grant_18_.pdf

https://www.gob.mx/cms/uploads/attachment/file/870256/131023_User_Guide_APG.pdf