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North America

COSTINICA Abogados

Address: Zacatecas 24 – 704, Roma Norte, Cuauhtémoc, Mexico city, zip 06700, México.
Phone: + 52 55 6278 4346
Website: http://www.costinica.com.mx/

Costinica Abogados is a specialized law firm based in Mexico City with more than twenty years of practice in industrial property—patent prosecution and litigation, trademarks, and copyrights. The team combines technical precision with legal rigor to guide inventors, startups, and established companies through complex intellectual property issues at the national and international levels. In sectors where innovation cycles are short and products cross borders quickly, clear IP positioning in Mexico can determine whether rights are enforceable, licensing discussions proceed on equal footing, and disputes are resolved before they distort commercial plans.

Patent prosecution at the firm runs from the earliest scoping conversations through grant and maintenance. Attorneys help clients identify protectable innovations, distinguish what belongs in a patent application from what is better handled as trade secret or defensive publication, and align claims and descriptions with both technical reality and commercial objectives. Applications are prepared for the Mexican Institute of Industrial Property (IMPI), with attention to formal and substantive requirements that often differ from those clients may know from filings elsewhere. For international programs, the firm coordinates Patent Cooperation Treaty (PCT) and related steps so that Mexican strategy fits the timing, priority, and claim choices made in other jurisdictions. Technical coverage extends across engineering, biotechnology, chemistry, pharmaceuticals where appropriate, and software-related subject matter, always with a focus on wording that withstands examination. Prosecution strategies include carefully structured responses to office actions, divisional filings when the invention justifies separate protection, and participation in accelerated examination tracks where they are available and consistent with the client’s goals. After grant, maintenance fees and annuity schedules require disciplined docketing; missed deadlines can extinguish rights that took years to secure, so the firm integrates prosecution and portfolio administration with the same attention to dates and formalities that guide examination work. A recurrent challenge in examination is articulating the inventive contribution clearly enough to overcome objections based on novelty and inventive step; the firm emphasizes tight mapping between the prior art cited in reports and the features actually claimed.

Patent litigation and administrative enforcement before IMPI and the federal courts form a substantial part of the practice. Matters may involve infringement allegations, invalidity or nullity challenges, and priority disputes, each with its own burden of proof and timetable. In Mexico, patent conflicts rarely sit in a single forum: they can intersect administrative invalidity proceedings, civil remedies aimed at cessation or damages, and, depending on the underlying conduct, criminal exposure or regulatory considerations that affect how evidence is gathered and how public the dispute becomes. Costinica Abogados structures each controversy around an explicit theory of the case—claim construction and validity, the scope of protection actually conferred, infringement analysis grounded in technical comparison between the patent and the accused product or process, and procedural choices that match the client’s priorities on speed, reputational exposure, confidentiality, and alignment with parallel actions abroad. Litigation is treated as end-to-end dispute management rather than episodic court appearances: early risk assessment, sequencing of procedural steps to preserve leverage, coordination with technical experts and in-house engineers, and disciplined document handling suited to the confidentiality patent disputes frequently require.

Among the firm’s notable experience is work on recovery of priority in patent applications where supporting documentation was filed untimely. In those matters, successful outcomes depended on detailed analysis of filing timelines, inventor declarations and evidentiary records, and the interaction of the relevant provisions under Mexico’s Industrial Property Law with the factual narrative of how the application was prepared and prosecuted. That kind of issue illustrates why patent counsel must combine doctrinal precision with careful attention to practice before IMPI and the courts.

Patent work is inherently international for many technology sectors. Manufacturing, research alliances, component sourcing, and licensing networks routinely span multiple countries, so Mexican rights must be consistent with filings and enforcement narratives elsewhere. Costinica Abogados emphasizes regular coordination with foreign IP counsel—sharing claim charts, validity theories, and settlement parameters where appropriate—so that positions taken in Mexico support rather than undermine global strategy. The firm positions itself as a Mexican node in a broader program: protecting innovation where it is developed, used, or commercialized, and ensuring that patents, once granted, can be relied on in negotiations and, when necessary, in court.

Beyond patents, the firm offers comprehensive trademark services: clearance and prosecution before IMPI, opposition proceedings when third-party marks threaten client rights, renewal and recordal maintenance, and portfolio management for companies that accumulate large national and international families of marks. Distinctiveness analysis and likelihood-of-confusion review receive particular attention, because Mexican practice in these areas can turn on market evidence and classification strategy as much as on literal similarity of signs. For international extensions, the firm handles Madrid Protocol procedures in coordination with counsel in home offices and key commercial markets, so that designations, subsequent changes, and renewals remain aligned with how the brand is actually used in Mexico and abroad.

Copyright services address registration of original works, enforcement against unauthorized reproduction or public communication, and advice on moral and economic rights under Mexico’s Federal Copyright Law. Clients receive guidance on software protection, literary and audiovisual content, and arrangements involving contractors and employees, where ownership and chain of title must be clean before licensing or litigation. The firm also advises on works created by or with the assistance of artificial intelligence, a rapidly evolving area in which contractual language, human authorship, and regulatory expectations must be weighed against client product plans.

Led by Luis Pavel García Costinica, Costinica Abogados draws on long experience in prosecution, litigation, and portfolio management across patents, trademarks, and copyrights. The practice stresses thorough legal analysis, respect for procedural deadlines that can extinguish rights if missed, and familiarity with major patent offices such as the United States Patent and Trademark Office and the European Patent Office—perspective that helps shape cross-border filing and enforcement strategy. Costinica Abogados is committed to reliable counsel that protects client innovations through precise prosecution before IMPI and resolute, well-managed representation when disputes arise.

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Team Members

Luis Pavel García Costinica

Manging Partner

Anaid Galicia Chapa

Partner

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