1E9Ct5D

In this respect, the Industrial Property Law (Ley de Propiedad Industrial, LPI) establishesfour fundamental requirements that must be met in order for an invention to be patentable:a) The presence of an invention according to its legal definition (products, processes,apparatuses, etc.);b) That the invention has been obtained through an inventive step whose results cannotobviously be deduced by a person skilled in the art;c) That the invention is new (this being understood as not being found in the state ofthe art, which is to say that the knowledge related to it has not been made publicin Mexico or abroad);d) That the invention has an industrial application.206C H A P T E R X I IThe LPI also establishes what cannot be patented (including what is not considered aninvention and therefore not patentable):a) Essentially biological processes for the production, reproduction, and propagationof plants and animals;b) Biological and genetic material as found in nature;c) Animal breeds and the human body and the living matter that forms them;d) Plant varieties;e) Theoretic or scientific principles and discoveries consisting of making known orrevealing something that already existed in nature, even though previouslyunknown to humans;f) Schemes, plans, rules, and methods for carrying out mental processes, playinggames, or doing business, and mathematical methods;g) Computer programs;h) Methods of presenting information; æsthetic creations and artistic or literaryworks; surgical, therapeutic, or diagnostic methods of treatment applicable to thehuman body and to animals;i) Juxtaposition of known inventions or mixtures of known products, or variationsin their use, form, dimensions, or materials. 3A patent is processed before the Mexican Industrial Property Institute (Instituto Mexicanode la Propiedad Industrial, IMPI). The procedure is initiated by the filing of an application(which includes the patent request, the description, claim, and abstract 4 of theinvention, and the payment of the corresponding fees; furthermore and if applicable, it__________3Unless in reality such juxtaposition or variation involves their combination or fusion, such that they cannotfunction separately or that their characteristic qualities or functions have been so modified as to produce anindustrial result or a use not obvious to a person skilled in the art.4The Regulation of the LPI establishes that the translation into Spanish of the description of the invention andclaims may be filed within two months from the date of filing the application.