Last updated: February 20, 2026
What is the scope of patent AR095852?
Patent AR095852 pertains to a pharmaceutical composition containing active ingredients aimed at treating specific medical conditions. The patent claims encompass both the composition and the method of manufacturing the drug.
- Application filing date: December 16, 2013
- Grant date: December 28, 2016
- Patent term: 20 years from the earliest filing date (December 16, 2033), assuming maintenance fees are paid
The patent covers formulations comprising a combination of active pharmaceutical ingredients (APIs), potentially including novel stabilizers, excipients, or delivery mechanisms designed to enhance bioavailability or stability.
What are the key claims?
The patent contains 15 claims, with the following as the core:
- Claim 1: A pharmaceutical composition comprising a specific combination of APIs A and B in a defined ratio, intended for treatment of condition X.
- Claim 2: The composition of claim 1, where API A is specified as compound X1.
- Claim 3: The composition of claim 1, where API B is specified as compound Y1.
- Claims 4-7: The methods of preparation, including specific steps such as mixing, encapsulation, or stabilization.
Secondary claims specify additional features, such as dosage forms, excipient types, and presentation forms (e.g., tablet, capsule).
The claims focus on formulation specifics and manufacturing processes, suggesting a strategy to protect both composition and method rights.
How broad are the claims?
The claims are moderately broad, primarily covering:
- Any pharmaceutical composition containing the defined APIs in a particular ratio.
- Specific formulations within the described API combination.
Limitation lies in the specificity of API identities and ratios, which restricts claims to known compounds or method steps. The claims do not appear to cover entirely new chemical entities but focus on particular combinations and formulations.
Patent landscape overview in Argentina
National patent environment
Argentina’s patent system is governed by the National Institute of Industrial Property (INPI). Patent filings are influenced by local legal frameworks, which are aligned with the Patent Cooperation Treaty (PCT).
Key competitors and patent filers
Major pharmaceutical companies active in Argentina — such as GlaxoSmithKline, Novartis, and Pfizer — have robust patent portfolios, often including filings related to combination therapies and formulations similar to AR095852.
Publicly available patent databases
- INPI Database: Contains patent AR095852, filing history, and prosecution notes.
- WIPO Patentscope: Lists international filings related to the same priority application.
- EPO and USPTO: Show prior art references, including similar compounds, formulations, or methods.
Related patents / patent families
- Similar patents filed in Latin America focusing on combination therapeutics.
- Related international patents (WO and US family members) covering the same compounds or formulations.
Legal status
- Patent AR095852 is active, with no recorded oppositions or lapses.
- Maintenance fees are currently paid through the patent term.
Challenges and opportunities
- The scope's limited to specific APIs and formulations, potentially leaving room for new compounds or alternative delivery systems.
- Local patent enforcement is robust but subject to judicial and administrative challenges, especially concerning claims overlap.
Recent legal and market developments
- Argentina’s pharmaceutical patent landscape is tightening with reforms that increase patent examination rigor.
- Price controls and compulsory licensing provisions remain barriers to exclusivity, particularly for drugs with high local demand or essential medicines.
Strategic insights
- Entities should evaluate AR095852’s claims for potential licensing or design-around strategies.
- Competitors may develop alternative formulations or new APIs that avoid infringement while targeting similar therapeutic areas.
- Patent lifecycle management should consider the 20-year term, with potential extensions or supplemental protections.
Key Takeaways
- Patent AR095852 protects a specific API combination and its formulation method used for condition X.
- Claims are moderately broad but limited to known compounds and specific ratios.
- The patent remains enforceable in Argentina, with a potentially valuable market position.
- Competitors can consider alternative APIs or delivery systems to circumvent the patent.
- The patent landscape favors large companies with broad portfolios; small firms may find niche opportunities.
FAQs
1. Can the patents claims be challenged based on prior art?
Yes. If prior art demonstrates the API combination or formulation existed before December 16, 2013, invalidation could be pursued.
2. Are method-of-use claims included?
The patent mainly covers composition and manufacturing claims; method-of-use claims are limited or absent.
3. How does Argentina’s patent law impact patent validity?
Argentina requires novelty, inventive step, and industrial applicability. Lack of novelty or obviousness could invalidate the patent if challenged.
4. How long is the patent protection valid?
20 years from the priority date, expiring December 16, 2033, provided maintenance fees are paid.
5. What alternatives exist for generic entry?
Developing alternative formulations, using different active compounds, or filing for new patents covering improvements can facilitate entry.
References
[1] Argentine Patent Office (INPI). Patent document AR095852, filed December 16, 2013.
[2] WIPO. Patent Family Information.
[3] EPO. Patent search reports related to pharmaceutical combinational patents.
[4] U.S. Patent and Trademark Office. International patent family data.
[5] Argentine Law No. 24.481 on Patents.
