Changes in IMPI Official Fees
J. Rafael Amador Espinosa
On January 6, 2021, the agreement modifying the official fees for the services provided by the Mexican Institute of Industrial Property (“IMPI” for its acronym in Spanish) was published in the Official Gazette of the Federation and will become effective on January 13, 2021.
The changes in the official fees includes, among others: in the case of patents, a concept for the payment of fees for the issuance of the complementary certificate for the adjustment of the term in the granting of patents. The complementary validity period for unjustified delays in the granting of patents was recently incorporated in the Federal Law for the Protection of Industrial Property (“LFPPI” for its acronym in Spanish) and became effective as of November 5, 2020, which abrogate the Industrial Property Law.
With respect to contentious processes, the concept of payment for the conciliation stage, on infringement cases, the concept of payment for the appointment of a third expert and for the procedure of damages and losses (daños y perjuicios) incident. These processes are also new incorporations based on the LFPPI.
Also, in the general concepts, a payment for the revocation of the legal representative and for the change of address of the legal representative was incorporated. We consider that this issue imposes an unjustified and disproportionate burden on the holder, since appointing a representative before the IMPI implies approximately $100.00 pesos and removing it triples the cost.
Please find below the modified official fees, which do not include V.A.T.:
The rest of the concepts of the official fees for the services provided by the IMPI remained intact. For further information, please contact some of our specialists in Intellectual Property.
