Although the new Law, does expressly state that electronic documents have the same probative value as original documents, this was already included in secondary regulations and the Federal Law of Administrative Proceedings, which is the general framework for all administrative acts, i.e. patent prosecution.
Even if such express inclusion is, in fact, helpful and complements our IP proceedings, it does not change how electronic filed documents are processed and prosecuted currently under the previous Law.
The validity of electronically submitted documents can be technically challenging since, for example there is no legal certainty that the paper documents that were digitized correspond to the original documents. However, the claimant would need to prove at least with 'prima facie’ evidence, the falsehood of the submitted electronic document.
The MXPTO’s electronic filing system does not allow filing paper documents once an application was filed electronically. Hence, it would make no sense to consider that an official and operational method for filing applications can be easily invalidated.
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