The Covid-19 outbreak has impacted the life of most people in the planet in one way or the other. The Mexican government is working hard to mitigate the outbreak and avoiding the sanitary system from collapsing.

One of the measures to try to slow down the spread of the disease is stopping non-essential activities, both in the government and private sectors.

Naturally, these measures have affected the industrial property system.

The Mexican Patent and Trademark Office

On March 23, 2020, the Instituto Mexicano de la Propiedad Industrial (IMPI) or Mexican Patent and Trademark Office (MPTO) issued an order, suspending all deadlines due after March 24 and April 19, 2020; all such deadlines were extended for an undetermined period that will be reviewed in weekly basis. to April 20, 2020 (Update April 19, 2020: The suspension of deadlines has been extended to May 4, 2020 Update April 30: The suspension has been extended. Now all deadlines due between March 24 and May 31 are due on June 1, 2020).  Although the order does not provides that all days after between March 24 and April 19, 2020, are non-business days, no documents or applications may be filed, or notifications served, within such period (Update April 19, 2020: The MPTO started accepting online applications and documents related to trademarks and patents on April 16, 2020. Deadlines are still suspeded, but it is unclear if the filing date of such electronic documents would be the actual filing date or the date when the MPTO opens again. Update June 5, 2020: On May 13, 2020, the MPTO enabled an online platform that allows electronic filing of renewals, declarations of use, licenses and assignments. The MPTO plan this platform to be permanent). Terms calculated in days (such as the 10 business-day term to answer an infringement action) have been suspended. A copy of the order (in Spanish) and the updates thereof (in Spanish) are available here, here,  here and here.

The suspension does not affect the terms calculated in months or years. For example, if the MPTO served an officeaction regarding the examination of a patent or trademark application on February 22, 2020, the initial two-month term to answer would be calculated as normal and the answer would be due on April 23, 2020. The only change would be the deadline; if  the answer was originally due between on or after March 24 and April 19 May 3, May 31, 2020, the deadline would be extended to the first business day of the MPTO after the suspension April 20 May 4 June 1, 2020; and the automatic two-month term extension would start the day after on April 21 May 6, June 2 2020 (May 5 is holiday).

For a few days, between March 24 and March 26, 2020, the MPTO was on partial lockdown. Documents and applications on paper were received at the window of the MPTO, but the filing date of all such documents would be April 20, 2020 June 1, 2020 the first business day after the lockdown. Electronic documents and applications were not accepted (Update April 19, 2020: Starting April 16, 2020, the MPTO is acepting online application and documents again).

On March 26, 2020, the MPTO widened the suspension of activities. Starting March 27, the MPTO has suspended virtually all acivities and the offices are closed. The only exceptions are actions essential for the mitigation of the Covid-19 outbreak and enforcement of orders to lift preliminary measures issued in infringement procedures. The new order (in Spanish) is available here.

The MPTO refrained from providing a schedule to restart activites. That would be decided in weekly basis and in coordination with the federal sanitary auhtorities. is scheduled to restart normal operations again on April 20 June 1, 2020.

The Federal Court of Administrative Affairs and the federal courts of appeals

The courts also shut down. (Update April 30, 2020: The Federal Courts are under partial lockdown, and provisions to allow online meetings between the judges have been enacted. Urgent matters will have preference, but online meetings should help to reduce the growing backlog of decisions. All terms and deadlines have been suspended; deadlines due between March 18 and May 31 have been extended to June 1, 15, 2020).

The Tribunal Federal de Justicia Administrativa or Federal Court of Administrative Affairs (FCAA) and all its panels, including the the Sala Especializada en Propiedad Intelectual or Specialized Panel in Intellectual Property, and the tribunales colegiados de circuito or federal courts of appeals, closed on March 18, 2020. A few district courts and courts of appeals are open for emergency cases only. (Update April 30, 2020: The panels of the FCAA are working online to decide urgent matters).

In both the FCAA and the courts of appeals, all days between March 18 to April 19, May 31, June 14, 2020, would be considered as non-business days, and would not be counted for terms calculated in days (such as the term to file an appeal against a decision of the MPTO).

The courts are scheduled to start working again on April 20, 2020 (Update April 19, 2020: The courts are now scheduled to restart activities on May 6, 2020 Update April 30, 2020: The courts are scheduled to restart full activities on June 1, 2020. Update June 5, 2020: The courts are scheduled to restart full activities on June 15, 2020). All deadlines due between March 18 and May 431 June 14, would be extended to April 20, May 6 June 1 15, 2020.

The setting of a possible date to restart normal activities (April 20, 2020) was not based on scientific data, but to match the date students go back to school after the Easter holidays.

The non-business period may be extended, depending on how the Covid-19 outbreak develops.

Dear reader, please stay safe and help others staying safe.