It is now the MXPTO’s task to safeguard the public domain and impede double patenting for the same invention. Double patenting has been in our Law since the 1980’s, however prior to this new Law, double patenting only applied if the inventors were different.
While a patent will be allowed if the scope or the claimed matter is different, for example a divisional having a different scope or a patent having different technical features, the patent essential technical features need to have a substantial variation of the matter already protected by the other Mexican patent, even if the applicant is the same.
In other words, the double patenting standard applies to matter that is already protected in another patent or whose essential technical features are a non-substantial variation from the other patent, regardless of the assignee.
It is likely that a non-substantial variation in the technical features will need to be in light of prior art.
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