Last updated: July 28, 2025
Introduction
Patent AR109762, issued in Argentina, pertains to a pharmaceutical invention. Understanding its scope, claims, and the associated patent landscape offers valuable insights for stakeholders including generic manufacturers, innovative pharma firms, and patent strategists. This analysis dissects the patent's scope, delineates its claims, and contextualizes it within the broader patent environment within Argentina and internationally.
Patent Overview
Patent Number: AR109762
Filing Date: Precise date unavailable in the prompt but typically retrievable via Argentine Patent Office records[1].
Grant Date: Established through official gazette or patent database[2].
Applicant/Assignee: Not specified; details can be retrieved from official records.
Type: Pharmaceutical formulation or compound patent.
Scope of the Patent
The scope of AR109762 is primarily defined by its claims, which establish the boundaries for exclusivity. In Argentina, patent scope is influenced by patent law, specifically Article 15 of the Argentine Patent Law, which emphasizes the novelty, inventive step, and industrial applicability of the invention[3].
The patent appears focused on a specific pharmaceutical composition, method of manufacturing, or use of a compound. Given the typical drug patent structure, its scope likely encompasses:
- Chemical entities or derivatives with therapeutic utility.
- Specific formulations or delivery mechanisms.
- Methods of synthesis or treatment applications.
Key Considerations:
- Chemical Scope: The patent claims may protect a particular compound or a class of compounds, potentially with a core structural formula.
- Method Claims: May include processes for preparing the active ingredient or administering the drug.
- Use Claims: Could specify therapeutic uses in treating certain conditions or diseases.
The patent’s legal scope hinges on the active claims and how broadly or narrowly they are drafted. Broader claims provide extensive protection but are more susceptible to validity challenges, especially in jurisdictions with strict patentability criteria like Argentina.
Claims Analysis
Patent claims serve as the legal definition of the invention's protectable features. They are categorized into:
- Independent Claims: Define the core invention.
- Dependent Claims: Provide specific embodiments or additional features.
Typical Claim Structure in Pharma Patents:
- Compound Claims: Cover chemical entities with specified structural features.
- Method Claims: Cover methods of synthesis or therapeutic use.
- Formulation Claims: Cover specific compositions or dosage forms.
Assumed Content of AR109762 Claims:
While the exact language is not specified in the prompt, similar Argentine pharmaceutical patents tend to include:
-
Chemical Compound Claim:
"A compound of formula [X], wherein R1, R2, etc., have specified substituents."
-
Preparation Method Claim:
"A method for synthesizing compound [X], comprising steps A, B, and C."
-
Therapeutic Use Claim:
"Use of compound [X] for treating condition [Y]."
-
Formulation Claim:
"A pharmaceutical composition comprising compound [X] and an excipient."
Implications of Claim Drafting:
- Broad claims could block generics if they encompass multiple derivatives or formulations.
- Narrow claims, while easier to defend, may offer limited protection.
In the absence of the explicit claim text, it is inferred that AR109762’s claims are structured to protect a specific chemical entity or composition, aligned with Argentine patent standards.
Patent Landscape in Argentina
National and Regional Patent Context:
Argentina is a member of the International Patent Cooperation Treaty (PCT) and is bound by TRIPS obligations, influencing patentability and infringement standards[4]. The Argentine Patent Office (INPI) maintains a substantial database indicating the presence of numerous pharmaceutical patents.
Key aspects of the Argentine patent landscape:
- Historically, Argentina has been cautious about granting broad patents on pharmaceutical inventions to promote access to medicines.
- Patentable subject matter aligns with international standards: new chemical entities, manufacturing processes, and new therapeutic uses are patentable with sufficient inventive step.
- Patent examination for pharmaceuticals involves detailed disclosure and often relies on the novelty and inventive step of chemical compounds.
Position of AR109762 within the Landscape:
- If the patent claims relate to a novel compound or combination, it likely received approval based on demonstrated novelty.
- Patent challenges are common in Argentina, especially regarding standard practices or known compounds, demanding precise claim drafting[5].
- The scope of AR109762, whether broad or narrow, will influence generic market entry and potential patent enforcement strategies.
Legal and Commercial Implications
- The enforceability of AR109762 depends on the breadth of its claims and potential prior art challenges.
- Narrow claims may limit protection but ease defense; broad claims can establish stronger exclusivity but risk invalidation.
- The patent's term coincides with standard Argentine patent terms, typically 20 years from filing date[6].
Conclusion
AR109762 exemplifies the traditional pharmaceutical patent in Argentina, likely centering on chemical compound claims with potential formulations and uses. Its scope is defined primarily by its claims, which, depending on drafting, can afford varying levels of protection. The patent landscape within Argentina is characterized by a balance between encouraging innovation and ensuring access, influencing patent grant strategies and enforcement.
Key Takeaways
- Claim Drafting Is Critical: The scope of protection in AR109762 hinges on specific claim language; broader claims can deter competitors but may face validity challenges.
- Patent Landscape Must Be Monitored: Argentina's cautious approach to pharma patents necessitates vigilant prior art searches and strategic claim shaping.
- Legal Challenges Are Common: Patent validity can be contested, especially if claims are broad or similar to prior art, emphasizing the importance of robust prosecution history.
- Strategic Positioning: Innovators should consider filing narrow, well-supported claims to establish footholds, while balancing potential for future claim broadening.
- Regional Considerations: Patent protection in Argentina influences regional pharmaceutical patent strategies in Latin America, given treaty obligations and local patent laws.
FAQs
1. What is the typical patent period for pharmaceutical patents in Argentina?
Pharmaceutical patents generally have a 20-year term from the priority or filing date, subject to maintenance fees and legal challenges[6].
2. How does Argentine patent law treat biotech and chemical inventions?
They are patentable if novel, non-obvious, and industrially applicable. The scope typically covers compounds, methods of synthesis, and therapeutic uses, aligning with TRIPS standards[4].
3. Can patent AR109762 be challenged in Argentina?
Yes. Post-grant oppositions or invalidation proceedings are permitted, often based on prior art, lack of novelty, or inventive step. Success depends on claim clarity and prior art presence.
4. How does patent scope influence generic drug approval in Argentina?
Narrower patents may allow generics to enter the market sooner post-expiry, while broad patents can delay entry unless challenged or worked around.
5. Are there international equivalents or family patents related to AR109762?
If filed internationally via PCT or direct filings, similar patents may exist in other jurisdictions, providing broader landscape context.
References
[1] Argentine Patent Office (INPI) database records.
[2] Official patent gazette publications.
[3] Argentine Patent Law, Law No. 24.481.
[4] TRIPS Agreement, WTO.
[5] Patent examination and grant policies in Argentina.
[6] Standard patent term policy, Argentine law and practice.
Note: Specific details regarding patent claims or filing data should be obtained directly from official Argentine patent registries for precise legal and commercial analysis.
