Innovation can give businesses a commercial advantage and became a key differentiator between market leaders and their rivals. It can also strengthen a company’s market position, provide higher returns on investments and increase overall corporate value.

At Arochi & Lindner, we bring experience and “innovative” thinking to safeguard and strengthen the investment in research and development of inventors and patent holders through the more suitable figure of protection, whether it’s patents, utility models or industrial designs. We focus on understanding each client’s innovations, as well as the commercial potential, in order to secure appropriate rights. Our practice provides a full range of legal and technical services for inventors and patent holders: strategic counseling, inventions prosecution, portfolio management, licensing, technology transfer and other commercial transactions, enforcement and prevention and/or defense against infringement claims in a thorough, technically sound, and strategically effective manner. With the assistance from our extensive network of professionals around the world, we also provide the same full range of services to clients with international needs.

A particular forte of Arochi & Lindner’s practice is our experience in patent litigation. Our collaborative culture enables close cooperation between our lawyers and our in-house technical unit, many of whom hold advanced degrees in fields such as engineering, biology and chemistry. This integrated approach ensures that our guidance is legally thorough, technically sound and strategically effective.

We represent local and multinational companies, startups and universities. We have in-depth experience working with clients across all major industries, with a particular emphasis on pharmaceutical, chemical, biotechnical, automotive (vehicles and parts), hi-tech (software and hardware) and heavy equipment industries. And regardless of the industry or client, we learn all about their business and counsel them from the initial process of evaluating the idea through every phase of prosecuting the patent application and enforcing rights.

Inventions prosecution

We evaluate and provide advice on the best type of patent an inventor should seek, either a patent, utility model or industrial design. Then, we assist clients in obtaining patents, utility models and industrial designs locally and globally, under international treaties. The process of filing and advancing an application is called “patent prosecution”.

Inventions licensing, technology transfer agreements and other commercial transactions

We negotiate agreements with third parties for licensing, cross-licensing and technology transfers of patents, utility models and industrial designs, We also assist clients in performing “due diligence” by evaluating third parties’ portfolios.

Patent enforcement, litigation and dispute resolution

We enforce owners’ rights in the protection of their patents, utility models and industrial designs against infringers. From preparing and responding to cease-and-desist letters, conducting negotiations and concluding settlement arrangements, to representing and advising clients on patents and utility model reissues, re-examination, revocation and invalidation proceedings, as well as disputes arising from trade secret misappropriation and interference.

Portfolio management

We support clients by managing their patents, utility models and industrial designs portfolios, including advising on and adhering to deadlines, renewals and official fees due for payment of patent annuities or entry of changes in official records kept by patent offices worldwide.

Patent due diligence

We analyze the strength and weaknesses of a patent portfolio and provide counsel as to how patents can be leveraged in the marketplace taking infringement into consideration; on potential invalidity challenges to enforceability and freedom to operate; due diligence in mergers, acquisitions and divestitures; licensing and joint ventures; insolvency and damages; and strategic portfolio budgeting.

Technical/Legal Opinions

We provide technical and legal opinions, such as State of the Art documentation and design around, Freedom to Operate, Patentability, Monitoring & Watch Service and Technology Maps & Patent Metrics, to support decision-making concerning portfolio management, transactions, licensing, enforcement and dispute resolution of inventions.

In Mexico, there are three types of inventions that can be protected: patents, utility models, and industrial designs. The legal requirements to protect these innovations are established in the Mexican Industrial Property Law (‘LPI’). Essentially, inventions are eligible for a patent if they are new, non-obvious and useful. The authority that issues patents is the Mexican Institute of Industrial Property (IMPI).

Patents are granted for a period of 20 years from the filing date of the patent application in Mexico or from the international filing date in the case of a Patent Cooperation Treaty application. Utility models are granted for a period of 10 years. Industrial designs are granted for a period of 15 years.

IMPI also handles patent infringement cases in the first instance. Thereafter, the federal courts deal with the appellations. Generally speaking, an infringement is met when a third unauthorized party makes, uses or sells a patented product or process in Mexican territory. The most common

defense to patent infringement is a counterclaim attacking the validity of the patent. The patent holder can request preliminary measures in patent infringement actions. Once the decision declaring the infringement becomes final, it is possible for the plaintiff to claim damages through civil actions.

Arochi & Lindner’s patent group includes attorneys and technical professionals trained in electronics, engineering, biology, chemistry, biochemistry and biotechnology. We also have particular expertise in integrated circuits, as well as in working with plant varieties and the International Convention for the Protection of New Varieties of Plants (UPOV), which is administered by the Agriculture Ministry. We keep up with the latest technological developments as well as the amendments to all the laws and legal systems related to patent fields to provide up-to-date technical and legal counsel. In September 2015, we became the first firm that handled, in collaboration with our client, the first deposit of microorganisms in the National Centre for Genetic Resources (CNRG), the depositary authority in Mexico.