Is it compulsory to prove working of a patent in Mexico from time to time?
No. There is no obligation to file, from time to time or every three or five years, evidence of working of a patent or excuses for non-working of the claimed invention, in order to keep the patent alive or enforceable. We do not encourage the filing of proof of working or excuses due lack of working of a patent, given that such practices do not result in any benefit for the patent holder. Some Mexican practitioners try to justify the periodical filing of proofs of working or excuses, stating that it would prevent the filing or grant of a compulsory license; however, such statement is completely unsupported. If a third party files an application for a compulsory license (nobody has filed such an application in the last 50 years), the patentee would have one year, counted from the date the Mexican Patent and Trademark Office informs about the request for compulsory license, to start working the patent in Mexico –either by exporting the patented product into Mexico or using it in our coun
