The authority in charge of the protection of industrial property in Mexico is the IMPI (Mexican Institute of Industrial Property), the IMPI is empowered to grant in terms of law the exclusive and temporary right of exploitation for inventions, utility models, industrial designs or integrated circuit layouts. This right in the case of inventions is granted through a patent.
The Federal Law for the Protection of Industrial Property (LFPPI) refers to the fact that any human creation that allows transform matter or energy that exists in nature, to be use by humans and satisfying their specific needs, is considered an invention; in this sense the IMPI may grant a patent to inventions that gather the following characteristics:
- Be new or thet an inventive activity has been used.
- Have an industrial application or solve an existing problem or situation
- That can be exploited commercially.
In Mexico, the process to grant a patent can take up to 5 years, the patent will be valid for twenty years, non-extendable, counted from the recognized filing date of the application.
Due to the foregoing, complementary certificates may be granted by the authority when there are unreasonable delays, directly attributable to the IMPI that translate into a period of more than five years, with the complementary certificates the holder of the exploitation rights, may request that the validity of the patent can be adjusted in order to not be affected by the non-extendable period of 20 years.
Unreasonable delays are defined as (i) The period that elapses between the date of receipt and the date of the favorable resolution of the formal examination; (ii) periods attributable to actions or omissions of the applicant, tending to delay the procedure for granting the patent and the additional terms used, (iii) periods not attributable to actions or omissions of the IMPI or that are beyond its control, such as those that elapse in the substantiation of any means of administrative or jurisdictional challenge or that derive from them, and (iv) the periods attributable to causes of force majeure or fortuitous event.
The IMPI will grant complementary certificates regarding patent procedures, observing the following:
- That the patent process exceeded five years, otherwise the issuance of a complementary certificate will be inadmissible.
- Determine the period of time that corresponds to reasonable delays and remove it from the processing period.
- In the event that the period resulting from the previous point is greater than 5 years, the IMPI will determine the period of days that corresponds to an unreasonable delay, which will result in a complementary certificate valid for 1 day for every 2 days of unreasonable delay.
- Complementary Certificates may not be valid for more than 5 years and may only be granted once.
Lic. María Galaviz.
Gloria Ponce de León & Hernández.
As is well known, this Monday, June 28, 2021, the Supreme Court of Justice in Mexico approved the recreational use of marijuana, that is to say, in view of the refusal of the Congress of the Union and the Senate to legislate on the matter, something it had already pronounced on a long time ago, decided once again to take one more step towards the legalization of marijuana for recreational use, stating that the indirect Amparo lawsuit against the norms of the General Health Law that do not allow the recreational consumption of marijuana may be filed at any time, since Articles 235, last paragraph, 237, 245, section I, 247, last paragraph and 248 of the General Health Law are considered stigmatizing, which form a system of administrative prohibitions, an objectively implicit perceptible message is noticed, namely, that the authorization for the performance of acts related to narcotic drugs or psychotropic substances is subject to the fact that they have “medical and/or scientific” purposes, without including the possibility that marijuana may be used for “recreational or recreational” purposes, therefore, the challenged rules issue a negative or stigmatizing value judgment with respect to recreational consumers of marijuana, a prohibition that even the Supreme Court of Justice of the Nation has held violates human dignity, in its aspect of free development of the personality. Consequently, in order to challenge these norms it is not necessary to prove a concrete act of application, since their permanence in the legal sphere of the individual causes the affectation to be prolonged in time.
In this sense, the Supreme Court in the use of its powers approved the recreational use of marijuana, however, it is important to clarify that such activity will remain illegal under the Penal Code if you do not obtain the necessary permit to do so; the permit does not allow you to sell, buy, give away cannabis or travel outside the country with this substance. That is to say, once you obtain the permit, you will be able to consume and transport it according to what is indicated in the permit obtained before COFEPRIS, who will be the authority in charge of issuing permits to persons over 18 years of age.
In order to obtain the permit, you must do the following:
1) You must be over 18 years of age.
2) By means of a letter addressed to Dr. Alejandro Svarch Perez, Head of the Federal Commission for the Protection against Sanitary Risks (Comisión Federal para la Protección contra Riesgos Sanitarios, Secretaría de Salud). Requesting the Federal Commission for the Protection Against Health Risks to grant you an authorization for the personal consumption of cannabis.
3) Original and copy (for your acknowledgement) of said letter, your official identification.
4) If you are from Mexico City, you can go to the COFEPRIs Delegation located in the Nápoles neighborhood, at 14 Oklahoma Street, in the Benito Juárez district.
5) If you are from another part of the Mexican Republic, please check the following link for the locations of the delegations in your State: https://www.mucd.org.mx/wp-content/uploads/2019/07/Directorio_del_Sistema_Federal_Sanitario_2019.pdf
6) The application can be submitted at the Centro Integral de Servicios de la Cofepris from 8:00 am to 2:00 pm.
7) There is a special module and to be attended you must request an appointment. (No appointment is required).
8) In accordance with Article 8 of the Political Constitution of the United Mexican States, your documents cannot be rejected, since, in case you are missing something, it is Cofepris’ obligation to request it in writing at a later date.
9) In order to enter your data, you will be asked again for identification, your CURP, telephone number, e-mail and address.
10) Once your data has been entered, you will be given an acknowledgement.
11) From the next day after your request you will have to wait 40 business days to receive a response.
12) The next step in the process is to file an “amparo” request.
For this step, it is advisable to seek the advice of a lawyer, since you must take into account that until you obtain a favorable ruling, all these activities continue to be prohibited: planting, cultivation, harvesting, processing, preparation, conditioning, acquisition, possession, trade, transportation in any form, supply and use.
Come to us.
Gloria Ponce de León & Hernández