Divisional Applications in Mexico

On August 1, 2022 a High Court ruled that divisional applications can be filed anytime during prosecution and prior to the notification of the allowance or denial of the parent patent application. Given how recent this decision is, we are unaware how the MXPTO will act from here-on-forth for divisional applications which are filed after the allowance has been notified, however, we are now suggesting that all divisional applications be filed during prosecution of the application and before issuance of the Notice of Allowance. There are a couple of issues with the decision that could yet be subject to appeal as the Court did not make a Ruling on all the items made by the plaintiff, however, we assume that if the plaintiff did/does Appeal, the new Ruling would be later this year or early next year. If we become aware of a further Ruling, we will let you know.

It is important to state that this ruling affects only patent applications filed before November 5, 2020, as applications filed after November 5, 2020 are prosecuted under a different Law.

We are at your service should you have any questions.