Patents in Mexico for startups

First: is your innovation patentable?

Not everything can be patented. In Mexico an invention needs three things: novelty (it doesn't already exist anywhere), inventive step (it isn't obvious to an expert) and industrial application (it does something concrete).

Not patentable: software "as such" (though there are nuances and indirect routes), business methods, scientific discoveries and abstract ideas. This surprises many tech startups, which is why the next point matters.

Patent vs. trade secret: the decision almost nobody thinks about

Patenting means making your invention public in exchange for temporary protection. Anyone can read how it works; they just can't exploit it without your permission for a while. In exchange, you reveal your formula to the world.

The alternative is the trade secret. The Coca-Cola formula was never patented; if it had been, it would be public domain today. They kept it secret and have been protected for more than a century. For some innovations, a well-guarded secret protects more, and for longer, than a patent.

The mistake that kills patents: disclosing before protecting

It's the most painful and most common startup mistake. If you make the invention public before filing, you can lose novelty, and with it the right to patent. Mexico gives a 12-month grace period for the inventor's own disclosures, but many countries (in Europe, for example) don't recognize it. You pitched at a demo day, posted it online, showed it at a trade fair without an NDA: any of those can destroy patentability.

Before showing your innovation to investors, partners or the public: either you've already filed, or you have a signed non-disclosure agreement. Without one or the other, every pitch is a leak that can cost you protection for good.

How to prioritize on a startup budget

• Register your trademark first. It's cheaper and faster, and protects the asset customers see. Many startups need the mark urgently; the patent can often wait.
• Use NDAs while you decide. They're your low-cost safety net.
• Weigh patent vs. secret for each innovation: don't assume patenting is always the answer.
• If you will patent, file early to hold your place: a filing in Mexico (or elsewhere) gives you 12 months of Paris Convention priority to extend to other countries, or to enter the PCT route. If your first market is the US, a provisional application is another way to secure a date while you build and raise capital.
• Think internationally from day one if your market is international: missed deadlines close doors in other countries.

Frequently asked questions

How long does a patent last in Mexico?

20 non-extendable years from the filing date of the application with IMPI. Annual fees must be paid to keep it in force.

Can software be patented in Mexico?

Software as such isn't patentable; it's protected by copyright. A computer-implemented invention with a technical effect may have routes to protection, but it needs case-by-case analysis.

Can a foreign patent be extended to Mexico?

Yes, if you act in time: within 12 months of your first filing under the Paris Convention, or through the PCT national phase in Mexico, generally 30 months from the priority date.