Mexico City, October 21st, 2020.
This is regarding a successful legal strategy to compensate for the lost time of the validity of patents in Mexico. A recent decision by the Supreme Court of Justice declared 17 effective years of patent validity. Any time less than 17 years is compensable. It is based on the North America Free Trade Agreement (“NAFTA”). According to NAFTA, the members are able to grant a compensation of the patent validity in those cases in which the patent prosecution took several years -more than three years. The international average to granting patents, range from three to five years, then, if the patent holder owns important patents which have taken more than three years, this legal strategy would be very useful to compensate the patent validity depending on the time taken to be granted by the Mexican Patent and Trademark Office.
If you need further information, please contact:
| Martin Michaus | mmichaus@basham.com.mx |
| Eduardo Kleinberg | kleinberg@basham.com.mx |
| Adolfo Athié | aathie@basham.com.mx |
| Claudio Ulloa | culloa@basham.com.mx |
| Juan Carlos Hernández | jhernandez@basham.com.mx |
| Eduardo Castañeda | ecastaneda@basham.com.mx |
