IMPI recently introduced a new field in its electronic patent filing system requiring applicants to indicate the gender of each inventor, offering the options of “Female”, “Male”, or “Other Gender Identity”. The gender indication was marked as mandatory in the system, and if left blank, the system would not allow applicants to proceed with the submission process.

While it appears to have been introduced for statistical purposes, it raised valid concerns regarding confidentiality and relevance. Furthermore, this requirement has no legal basis, since it is neither in the law nor in its regulations.

Recognizing the sensitivity and potential implications of this issue, OLIVARES escalated the matter to IMPI’s Patent Director, highlighting concerns about privacy, legal foundations, and the practical challenges of obtaining such data.

As a result, we proposed a more flexible approach, suggesting an alternative solution that respects individual preferences while maintaining the functionality of the system.

We are pleased to inform you that, thanks to our efforts, IMPI has now implemented an alternative in their system. For inventors who prefer not to disclose this information, the option “Prefer not to answer” can now be selected in the gender field. This adjustment allows the application process to proceed without requiring the disclosure of personal information that inventors may consider confidential or unnecessary.

This solution addresses the privacy concerns of inventors while ensuring the patent application process remains efficient and adaptable to individual preferences.

At OLIVARES, we will use the newly available “Prefer not to answer” option as the default selection for the gender field when filing patent applications, ensuring the privacy of personal information is safeguarded.

Our patent team will continue to monitor this issue and provide updates as necessary.

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

Daniel Sánchez

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.
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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+52(55) 5322 3000
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