Background, definitions and history

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Patents are part of a field of knowledge called intellectual property, which is related to the so-called intellectual works or creations of the mind. They include literary and artistic works, inventions and distinctive signs, among others.

The patent or patent term derives from the Latin litterae. Patents are official documents conferring rights, privileges, ranks or titles. These patent letters are the "open letters" that were use to appoint patents, patents of nobility and monopoly patents.

Patent is "a document issued, upon request, by a government office, which describes an invention and creates a legal privilege in a particular state, for a fixed term, that can be exploited by the holder or a third party that is authorized therefore until the expiration of the term when it becomes public domain" (Serrano Migallón, F. 1995, The industrial property in Mexico. 2 ª. Ed. Porrúa. Mexico).

Patents are legal concepts that protect inventions. This protection lasts 20 years, is extendable and is only valid in the country , which granted such protection. To achieve protection of an invention in more than one country one must apply at each location where such protection is required or requested.

In Mexico, the applicable law is the Law of Industrial Property and the entity responsible for the management of this property is the Mexican Institute of Industrial Property (IMPI).