Grace Period


Grace Period

The changes to the grace period are within the scope of the practice currently carried out by the MXPTO. More specifically, if a third party directly or indirectly obtained information from the applicant or inventor and disclosed the matter which is object of the invention, the disclosure will not be considered as part of the state of the art for an application.

Furthermore, the publication of an application, patent or register carried out by the MXPTO or a foreign IP office can be included if the grace period as long as the publication was due to an error imputable to the IP office or if the application was filed by a third party without authorization, having obtained the information from the inventor directly or indirectly. It should be pointed out that since the information needed to be obtained from the inventor, obtaining this information from the applicant is consequently included within this grace period disclosure.

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