A patent is an exclusive right granted by the State over an invention, allowing its holder to decide who can use, manufacture, sell, or import that invention for a period of 20 years counted from the filing date of the application. In business terms, it’s akin to obtaining a temporary exclusive right to your innovation in exchange for publicly disclosing how it works.
With Mexico closing 2024 with 700 Mexican patents granted, the highest figure recorded in 30 years, and the goal of exceeding one thousand patents in 2025, it has never been more critical to understand what a patent is and how it can transform your company.
What is a Patent? Definition and Essential Concept
A patent, as defined by the World Intellectual Property Organization (WIPO), is an official document issued by a government office after a patent application is submitted. This document outlines an invention and establishes a legal framework that requires the patent owner’s permission to use or exploit the invention.
The Patent Concept Explained
The concept of a patent is founded on a basic exchange: the inventor reveals how their invention works in return for exclusive protection. This definition includes three key elements.
Temporary exclusivity: Validity of twenty years, counted from the filing date.
Public disclosure: The inventor must provide a detailed explanation of how their invention works.
Territorial protection: This application is only valid in the country or region where it is filed.
In Mexico, a patent is a title granted to one or more natural or legal persons, conferring exclusivity over an invention for 20 years regarding its commercialization, exploitation, or exclusive use. According to Mexican legislation, the exclusive right of temporary exploitation of the patented invention confers upon its holder the prerogative to prevent other persons from manufacturing, using, selling, offering for sale, or importing the patented invention without their consent.
Current Landscape: Mexico in Updated Figures
Official IMPI Statistics 2024-2025
The Mexican Institute of Industrial Property has reported record figures for the 2024-2025 period:
- From January to December 2024, IMPI granted 10,897 patents total, of which 694 were to Mexicans
Semiconductor Sector: Leading Innovation
In 2024, 16,000 patents related to semiconductors were approved, of which approximately 700 were Mexican. For 2025, we have 493 patent applications, with 150 already approved. This means that this year we plan to reach a historic record with about one thousand Mexican semiconductor patent applications,” stated Santiago Nieto, general director of IMPI.
What are Patents in the Mexican System?
Types of Protection in Mexico
When we ask what patents are in Mexico, we must distinguish between the categories offered by IMPI:
Invention Patents: Validity of 20 years from the filing date of your application. Protect inventions that meet novelty, inventive activity, and industrial application requirements.
Utility Models: Validity of 15 years from the filing date of your application (previously 10 years). For improvements to known objects.
Industrial Designs: Validity of 5 years, renewable for equal periods up to 25. Protect the aesthetic aspects of products and drawings.
Patentability Requirements in Mexico
For an invention to qualify according to the Mexican patent definition, it must meet the following characteristics:
Novelty: That is, there is no other identical invention in the world. Demonstrate inventive activity: This means solving a technical problem, and the solution must not be immediately apparent to someone skilled in the field.
It has industrial applications: This means it must have practical utility and be reproducible for use in any branch of economic activity.
How to Patent an Invention in Mexico: Updated Process
Official IMPI Costs 2024
According to the official IMPI tariffs (Agreement DOF 15-03-2024), the costs for patents are:
Invention Patents
| Concept | Tariff |
|---|---|
| Application filing (up to 30 pages) | $4,550.00 |
| Each additional page | $61.00 |
| Patent title issuance | $3,099.84 |
| Complementary Certificate (term adjustment request) | $27,770.70 |
| Complementary certificate issuance | $3,091.60 |
Rights Maintenance Annuities
| Period | Annuity Tariff |
|---|---|
| 1st to 5th annuity | $1,161.90 |
| 6th to 10th annuity | $1,360.69 |
| From 11th annuity onwards | $1,536.99 |
Utility Models and Industrial Designs
| Type | Tariff |
|---|---|
| Utility model (up to 30 pages) | $2,000.00 |
| Industrial design | $2,000.00 |
| Utility model title issuance | $661.79 |
| Industrial design title issuance (5 years) | $5,770.45 |
50% discounts available for: Individual inventors as natural persons, micro and small enterprises, public or private higher education institutions, and public sector scientific and technological research institutes (FOURTH Provision, IMPI Agreement).
Important note: Value Added Tax (VAT) must be added to all mentioned tariffs in accordance with current tax provisions.
Process Timeline
The complete process typically takes between 2 and 4 years and comprises the following stages:
Form Examination: A patent expert examiner will conduct a form examination and may issue formal objections.
Publication: Once the form examination is approved, the application will be published in the IMPI Gazette, with an 18-month period for third parties to oppose the grant.
Substantive Examination: IMPI will examine the positive patentability requirements, including worldwide novelty, inventive activity, and industrial applicability, and may issue up to a total of four substantive objections.
Rights Maintenance
During the 20 years of patent validity, the holder must make periodic payments to maintain the validity of their rights; otherwise, the patent will be declared lapsed.
International Protection: PCT System
The Patent Cooperation Treaty (PCT) allows protection to be sought in 152 countries with a single international application. Within one year of filing a patent protection application in their own country, inventors can initiate the process of obtaining patent protection in each of the markets where they intend to sell their technology.
Compensation for Delays: New Legislation
The Federal Law for the Protection of Industrial Property (in force since November 2020) incorporates a compensation mechanism: when unreasonable delays directly attributable to the Institute occur in patent processing that result in a period of more than five years between the filing date of the application in Mexico and the grant of the patent, upon request of the interested party, a complementary certificate may be granted to adjust the validity.
Additionally, the Second Chamber of the Supreme Court of Justice of the Nation determined that the patent’s validity cannot be less than seventeen years counted from the grant when delays attributable to the administrative authority occur.
The Real Economic Value of Patents
Exports and Economic Development
Mexico exports 588 billion dollars annually, and patents play a crucial role in this ecosystem. IMPI Director Santiago Nieto emphasized that in the aerospace and pharmaceutical sectors, IMPI collaborates with the Ministry of Economy in developing a model that transitions from an assembler country to a creator country, based on support for science and technology.
Innovation Cases: The Nintendo-Kirby Example
A historical example of the value of intellectual property is the Nintendo case. When Universal Studios sued Nintendo for allegedly violating “King Kong” rights, lawyer John Kirby successfully defended the company. The defense demonstrated that the name “Donkey Kong” was not associated with the “King Kong” character. It also showed that Universal did not have the rights to the King Kong characters and that the plot was in the public domain. As a token of gratitude, Nintendo named one of its most beloved characters in honor of the lawyer: Kirby. This case illustrates how a well-defined intellectual property strategy can significantly impact business success.
Highest Growth Sectors 2025
Emerging Technologies
Semiconductors: Mexico concentrates semiconductor development mainly in Querétaro, Jalisco, Puebla, and Sonora, states where universities and companies have promoted projects linked to this industry.
Biotechnology and Health: Personalized medicine, intelligent medical devices, and agricultural biotechnology represent high-growth sectors.
Green Technologies: Renewable energies, energy efficiency, and circular economy continue to attract innovation investment.
Exclusions: What CANNOT be Patented
Discoveries, scientific theories, and mathematical methods are excluded from patentability, as well as aesthetic creations, schemes, rules, and procedures for performing intellectual, gaming, or economic and commercial activities. Neither can medical treatment methods for people or animals, plant varieties, animal breeds, nor essentially biological procedures be patented.
Government Support and Future Perspectives
Government Initiative
The IMPI director stated that in Mexico, there are three zones with the potential to invent a scheme similar to Silicon Valley in the United States; these zones correspond to Zapopan in Jalisco, Atlixco in Puebla, and El Marqués in Querétaro.
International Collaboration
IMPI signed with WIPO the creation of Technology and Innovation Support Centers in Mexico, strengthening the national innovation ecosystem.
Do You Need Specialized Advice?
When to Hire Professional Support
It is essential to have specialized advice when your invention has significant commercial potential, you plan international expansion, you compete in markets with many existing patents, or when your invention involves complex technology.
Proven Benefits
Companies with specialized patent advice report a higher probability of obtaining the patent, a reduction in processing times, and a higher average licensing value.
Conclusion: Patents as Innovation Engine
Patents in Mexico represent an extraordinary opportunity for entrepreneurs and inventors seeking to protect their innovations. With Mexico closing 2024 with record figures of 700 Mexican patents and a goal of exceeding one thousand in 2025, the current moment is ideal for considering intellectual property protection.
The patent concept goes beyond a technical definition: it is a strategic tool that transforms innovative ideas into valuable economic assets. As the IMPI director expressed: “Our creations, our innovations achieve technological independence, because with technological independence, we will have economic independence and economic development.”
Does your invention have the potential to transform your company? As intellectual property specialists, we can help you evaluate, protect, and strategically monetize your innovations. The first step toward your patent’s success begins with a professional evaluation.
Ready to protect your invention? Contact our patent specialists for a patentability evaluation and develop the intellectual property strategy your company needs to compete in the Mexican and international markets.
