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 Public Order

Trademarks

Public order

The patent application has to lie within what is considered public order, otherwise, a patent will be denied and the application will not be published. In the previous Law, the application needed to possess public order, according to good morals and customs.


Therefore, the new Law is more permissive to what may be patented, however it still fails to define what public order is, and thus could still be open to interpretation by examiners. Having said this, public order is defined in other Mexican Laws, and hence if publication is objected or if a patent is objected/denied based on being contrary to public order, arguments can be raised in response based on the definition of public order set by other Mexican Laws.




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