Grounds for invalidating a patent dating website walkers

Posted by / 13-Sep-2019 02:36

The initial stage before the IMPI of a patent infringement action usually takes two years.Once the IMPI issues a decision, two further stages of appeals before the Courts, lasting no less than three further years, are expected.This is the first stage; at least two additional stages are available.The IMPI may obtain all the evidence deemed as necessary for the verification of facts that may constitute a violation of one or more of the rights protected by this Act or the administrative declaration procedures.In Mexico, the problem of selecting the competent judge or choosing jurisdiction is minimal.Indeed, the only venue to enforce a patent is through administrative proceedings (infringement action) before the Mexican Patent Office (IMPI), which is not a Court of Law, but a Federal administrative entity.The creation of this Division should help improve, in general terms, the applicable criteria for IP cases, but the three Magistrates forming this tribunal have no technical background.

Arguments should be filed in writing and following applicable procedural rules.Nevertheless, recently a Circuit Court in Mexico ruled on behalf of a pharmaceutical company, considering the peripheral interpretation method as a precedent, since it is not mandatory.The Circuit Court considered that, according to the Mexican rules and regulations, the intention of the legislator to grant the claim a fundamental role in the definition of the subject matter of the patent is very clear, since this rule allows the State to protect the industrial property to a greater extent and to prevent actions affecting such exclusivity or that constitute unfair competition and, if applicable, eradicate this practice by means of the imposition of the corresponding sanctions.If pertaining to a specific industrial or commercial activity (i.e.the pharma industry), to provide legal standing, this is subject to debate and the Courts are divided.

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