Mexican Patent Litigation, International Intellectual Property Treaties and the Extension of Patent Term of Protection

Abstract

This essay analyzes a patent litigation in Mexico. In this case, Transitory Article Twelve of the Mexican Industrial Property Act was applied to recognize a priority filing date seven years later than its original filing in Japan. The litigation involved several issues like the extension of the term of protection, and the alleged infringement by defendant after authorities had extended the term of the patent. There are several principles and concerns discussed, like the principle of patent independence, national treatment, and minimum term of protection, all of which are contained in the Paris Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and in the Patent Cooperation Treaty. Furthermore, this paper analyzes how the provisions on patent term adjustments contained in the new United States-Mexico-Canada Trade Agreement would be problematic for Mexico.