New Update on Gender Disclosure Requirement for Patent Applications in Mexico.

December 13, 2024

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.