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Deposit of Biologic Material

IMPI Publishes List of Officially Recognized Institutions for the Deposit of Biologic Material.

In April 2016, the Mexican Institute of Industrial Property (IMPI) published in the Mexican Official Gazette a list of 46 institutions, one Mexican, that will be recognized entities for the deposit of biologic material.

This publication formalizes the process contemplated in the Mexican Industrial Property Law for patent applications related to biologic subject matter that cannot be fully described in the specification; in such cases, the patent application can be complemented by the certificate of the deposit of such biologic material in one of the recognized institutions.  The regulations to the IP law mandate that the certificate of deposit should be issued by institutions only recognized by IMPI through the publication in the Official Mexican Gazette.

The certificate can be filed along with the application or within six months after the filing date in Mexico. If the certificate of deposit predates the filing date, IMPI will recognize the filing date; however, if the deposit postdates the filing date, IMPI will recognize the date on which the certificate of deposit is submitted to IMPI as the filing date of the corresponding patent application.  If the certificate of deposit is not filed within the term of six months after the filing date, the application will be abandoned.

IMPI may also require the certificate when the patent application refers to the following:

  1.  a) microorganisms per se;
  2.  b) biologic material that is not available to the public; or
  3.  c) when the specification is not sufficient to enable someone skilled in the art to reproduce the claimed biological material.

The Mexican institution recognized for the deposit of biologic material published in this updated listed but recognized since August 25, 2015 is Colección de Microorganismos del Centro Nacional de Recursos Genéticos (CM-CNRG), based In Gaudalajara, Jalisco, México.  If you are interested in reviewing the other recognized institutions and related information, please visit


FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Rommy Morales

Rommy Morales

Partner

Rommy Morales is a partner at OLIVARES and joined the firm in 2008. She has provided advice to several of the world’s leading pharmaceutical, biotechnological, and chemical companies in the protection and defense of their intellectual property rights. She co-leads the Patent group and coordinates the areas of filing and patent prosecution. She is recognized as one of the most distinguished specialists in Mexico in patent prosecution and IP litigation, owing to her extensive technical knowledge and vast experience in this field
Sergio L. Olivares Sr.

Sergio L. Olivares Sr.

Partner

Sergio L. Olivares Sr. joined OLIVARES in 1987 and today leads the firm with strength and a commitment to transparency, client satisfaction, and personal service. He has been a partner since 1994 and Chairman of the Management Committee since 2009.

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