Accelerated Patent Grant (APG) Program: Streamlining Patent Processes Between IMPI and USPTO
In an era where innovation drives economies and shapes industries, the importance of securing patents cannot be overstated. Recognizing this, the Mexican Institute of Industrial Property (IMPI) has taken a significant step forward with the introduction of the Accelerated Patent Grant (APG) program. This collaborative initiative with the U.S. Patent and Trademark Office (USPTO) aims to expedite the patent-granting process for applications filed in both Mexico and the United States, under specific conditions.
Eligibility Criteria
The APG program offers a streamlined pathway for patents that meet certain criteria:
- Priority Claim: To be eligible for the APG program, the Mexican patent application must either claim priority from a U.S. application or share a common priority with both U.S. and Mexican applications.
- Completion of Formalities: The Mexican application must have completed all necessary formalities, been published in the Mexican Gazette, and passed the two months for third-party observations.
- Granted U.S. Patent: The related U.S. patent must have been granted and published.
- Corresponding Claims: The claims in the Mexican application must “sufficiently correspond” to those granted by the USPTO. This requires that the claims either have the same scope or be narrower than the U.S. claims.
Application Process
To request participation in the APG program, applicants must adhere to a specific process. This includes:
- Submission of a form containing details of the Mexican application, such as title, filing date, application number, and applicant’s name.
- Specification of the related U.S. patent application and patent numbers.
- Inclusion of a Spanish translation of granted U.S. claims.
- Submission of a correspondence table for claim comparison between the Mexican claims and the U.S. claims.
Advantages of the APG Program
The introduction of the APG program offers several advantages for patent applicants:
- Expedited Grant Process: The APG program provides a faster route to patent approval, significantly reducing the waiting time for applicants.
- Innovation Promotion: By accelerating the patent granting process, the APG program fosters innovation by allowing inventors to protect their intellectual property more efficiently.
- Enhanced Collaboration: The collaboration between IMPI and USPTO signifies a commitment to fostering stronger ties between the two countries in the realm of intellectual property.
- Inclusive Approach: Unlike the Patent Prosecution Highway (PPH), which applies only to applications that have not yet commenced the examination process, the APG program extends its benefits to applications already in the substantive examination phase.
The introduction of the Accelerated Patent Grant (APG) program between IMPI and USPTO marks a significant milestone in the realm of intellectual property. By streamlining the patent granting process and fostering collaboration between Mexico and the United States, this initiative not only benefits inventors and businesses but also contributes to the promotion of innovation on a global scale.
***Other Articles***
– You could check the Required documents for filing a trademark in the USA here.
– You could see What needs to be done after registering a trademark in the US? here.
– You could visit here to see What is used in commerce of filing trademarks in the USA.
– You could also check here to see the Procedure for the Trademark in the USA.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
