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Patentability of plant-related inventions in Mexico: New criteria

Important IP Update

Since essentially biological processes for producing plants and the plants thereby produced are now excluded from patentability, the claims on plants obtained from essentially biological processes are being consistently rejected.

Despite that granted patents covering products of biologically essential processes shall not be invalidated ex officio, if a third party with a legal interest filed a nullity action, the Patent Office could assess said patents with the new criteria.

Please find bellow the details of the new criteria applied by Mexican Patent Office’s (MPO) Examiners concerning plant-related inventions. Click here.

Should you require additional information, do not hesitate to contact us. Please send an email to info@clarkemodet.com.mx or contact Tania López at tlopez@clarkemodet.com.mx

Tania López