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21 October 2017Jurisdiction reportsMariana Gonzalez

Mexico jurisdiction report: Dealing with third party observations

In this sense, it has to be considered that the party providing the information to the IMPI will not be part of the patent application prosecution and the IMPI is free to assess whether the documents and/or arguments are material to evaluate patentability. This is similar to what is known as an “opposition during prosecution” in other jurisdictions, but the Mexican IP Law describes it as a proceeding for “submission of information”. The third party filing observations will only receive a letter from the IMPI acknowledging receipt of them.

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