Bonum Certa Men Certa

Software Patents Officially Banned in Mexico (IMPI), But Like in EPO They Get Granted Anyway

Mexican flag



Summary: The Mexican Patent Office (IMPI) leaves in tact loopholes for patenting software while maintaining the position that programming is not an invention and is covered by copyrights

IT WAS eight years ago when Mexico was preparing laws regarding software patents. In fact, these issues were covered online using the #NoPatentesDeSW hashtag at the time (it no longer yields any results) and programmers strongly opposed software patents, as usual. A few years later this FSF-aligned site stated that "Mexico has a Free Trade agreement with the USA. Such agreements are usually thought to require the patentability of software ideas, but software is reportedly explicitly excluded in Mexico's agreement (NAFTA)."



"That last part too suggests similarities to the EPO. What we ought to pursue, especially now that the US accepts that software patents were a bad idea (USPTO grants some, but courts reject these), is complete elimination of all software patents."According to this new overview (days old) of patents in Mexico "[s]oftware as such cannot be patented in Mexico" and note the similarity to EPO's Brimelow "as such". They even use the same words.

Rommy Morales and Alejandro Luna (OLIVARES) explained it like this:

To what extent can inventions covering software be patented?

Software as such cannot be patented in Mexico, since it falls within the prohibitions of Article 19 of the Industrial Property Law, which provides that computer programs are not considered inventions. Nevertheless, computer-readable claims are eligible for patent protection as long as the methodology and functions involved meet the patentability requirements.

To what extent can inventions covering business methods be patented?

Business methods as such cannot be patented in Mexico, since they fall within the prohibitions of Article 19 of the Industrial Property Law, which provides that business methods are not considered inventions. Nevertheless, computer-implemented inventions are eligible for patent protection as long as they meet the patentability requirements.

The Mexican Patent Office (IMPI) criteria for assessing the patentability of computer-implemented inventions tend to be similar to those of the European Patent Office. For example, it is required that a technical problem be solved in a novel and non-obvious manner using technical means.

To what extent can inventions relating to stem cells be patented?

Inventions relating to stems cells are patentable as long as they do not involve the use or destruction of a human embryo in order to practise the invention, since the use thereof for obtaining human embryonic stem cells is prohibited on grounds of morality.

Inventions involving stem cells derivable from parthenotes or from established cell lines are patent eligible.


That last part too suggests similarities to the EPO. What we ought to pursue, especially now that the US accepts that software patents were a bad idea (USPTO grants some, but courts reject these), is complete elimination of all software patents. No sneaky words like "as such" (similar in India and New Zealand).

Recent Techrights' Posts

Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
 
Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025