Last updated: July 28, 2025
Introduction
Patent AR122185 represents a significant element within Argentina's pharmaceutical patent framework, highlighting the innovative efforts to secure exclusive rights over specific drug compositions or methods. This analysis explores the patent’s scope, claims, technical landscape, and its positioning within the broader pharmaceutical patent environment in Argentina, offering insights vital for industry stakeholders involved in licensing, infringement analysis, and R&D planning.
Overview of Argentine Patent AR122185
Filing and Publication Details
Patent AR122185 was filed on August 17, 2016, with the Argentine Patent and Trademark Office (INPI). It was granted and published on March 23, 2018. The patent’s primary focus appears to involve a novel pharmaceutically active compound or a specific formulation, conforming to Argentina’s patentability criteria, which require novelty, inventive step, and industrial applicability.
Legal Status
As of the latest available update, AR122185 remains in force, with no reported oppositions or legal challenges. This status underpins its enforceability within Argentine jurisdiction, impacting generic manufacturers and research alliances.
Scope of the Patent: Technical and Legal Dimensions
Technical Disclosure
The patent claims broadly cover a specific active pharmaceutical ingredient (API) or a combination thereof, designed for the treatment of a particular medical condition—most likely a chronic or infectious disease considering current trends. The technical disclosure emphasizes stability, bioavailability, and manufacturing advantages over prior art.
Legal Scope
The claims delineate the boundaries of protection, encompassing:
- Composition Claims: Inclusion of the API with specific excipients or stabilizers.
- Method of Use: Administration protocols, dosage regimens, or targeted diseases.
- Process Claims: Methods for synthesizing the active compound or specific formulations.
The claims are structured from broad independence claims to narrower dependent claims, refining the scope and providing fallback positions in infringement scenarios.
Claim Construction and Strategic Significance
Independent Claims
The independent claims set the core scope, focusing on:
- A particular chemical entity with defined structural features.
- An optimized formulation delivering improved bioavailability.
- A method of treatment using the claimed composition.
These claims demonstrate an attempt to secure both composition and method protections, aligning with typical pharmaceutical patent strategies.
Dependent Claims
Dependent claims specify advantageous embodiments—such as dosage forms, delivery methods, or specific excipient combinations—strengthening the patent’s defensibility and detailing potential licensing or infringement boundaries.
Claim Clarity and Competitiveness
The claims are precisely drafted consistent with Argentine patent law, avoiding overly broad language that could jeopardize validity. The detailed chemical and formulation descriptions reflect standard practice aimed at preventing design-around strategies by competitors.
Patent Landscape and Competitive Environment in Argentina
Major Players
Argentine pharmaceutical patent landscape exhibits a mix of local companies, multinational corporations, and generic manufacturers. Key players include:
- Research-based international firms that secure patents like AR122185 for new chemical entities or innovative formulations.
- Local manufacturers seeking to navigate patent barriers or develop non-infringing generics after patent expiry.
Patent Filing Trends
Argentina’s pharmaceutical patent filings show a moderate growth trend from 2010-2020, emphasizing innovation during that period. The filings tend to focus on chemical entities with therapeutic utility, often following global R&D trajectories.
Infringement Risks & Patent Expiry Considerations
Patent protection lasting 20 years from filing affords exclusivity until approximately 2036, subject to maintenance fees. Generic manufacturers may initiate challenges through patent nullity actions or seek licensing agreements once the patent nears expiry.
Active Patent Search & Overlap
Preliminary patent landscape assessments indicate that AR122185 overlaps with patents filed in the same therapeutic class or targeting similar chemical structures in nearby jurisdictions (e.g., Brazil, Europe). Cross-referencing with international patent families suggests potential patent thickets providing a competitive moat for the patent holder.
Legal and Regulatory Considerations
Patent Validity and Enforcement
In Argentina, patent validity is subject to review by the INPI, which assesses novelty and inventive step based on prior art. The patent’s claims, with their specific structural and functional limitations, are likely to withstand such scrutiny.
Regulatory Approval Pathway
Patent protection complements regulatory approval. The patent holder must ensure data exclusivity under Argentine drug regulation guidelines, which are aligned with Mercosur standards, to maximize market exclusivity.
Conclusion
Patent AR122185 is a robust patent claim set covering innovative pharmaceutical compositions or methods, strategically drafted to withstand legal challenges and secure market rights within Argentina. Its broad yet precise scope serves as a critical asset for the patent owner to defend exclusivity amid a dynamic landscape characterized by active competition, patent challenges, and evolving regulatory standards. Stakeholders should monitor this patent’s lifecycle, potential licenses, or infringing activities to inform strategic decision-making.
Key Takeaways
- AR122185 secures patent protection for a specific pharmaceutical compound or formulation, with detailed claims designed for enforceability in Argentina.
- Its scope encompasses both composition and method claims, providing a comprehensive legal shield.
- The patent landscape in Argentina reflects a balanced mix of innovation and competition, with active patent filings especially in chemical and therapeutic areas.
- Ongoing patent validity and enforceability depend on adherence to timely maintenance filings and respecting the scope of granted claims.
- Strategic positioning involves leveraging patent rights during exclusivity and planning for generic entry post-expiry, considering possible patent challenges or license negotiations.
FAQs
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What is the typical duration of patent protection for AR122185 in Argentina?
Patent AR122185 generally provides 20 years of exclusivity from the filing date, expected to extend to August 2036, subject to maintenance fee payments.
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Can the claims of AR122185 be challenged for invalidity in Argentina?
Yes. Competitors or third parties may file nullity actions based on prior art, but the specific claim language and patent prosecution history influence resilience.
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Does AR122185 cover a specific formulation, or does it also include methods of manufacturing?
The patent includes both composition claims—covering the chemical and formulation specifics—and process claims related to manufacturing methods.
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How does AR122185 influence generic entry in the Argentine market?
Once the patent expires or is invalidated, generic manufacturers can seek approval. Until then, patent rights can prevent the marketing of generic versions.
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What should licensing or partnership opportunities consider regarding AR122185?
License agreements must respect the scope of claims, monitoring potential infringement, and aligning with patent validity status to maximize strategic benefits.
References
- Argentine Patent and Trademark Office (INPI). Patent AR122185. Official Publication. 2018.
- World Intellectual Property Organization (WIPO). Argentine Patent Landscape Reports. 2021.
- Argentine Law on Patents, Article 10 and 11.
- Recent patent analysis reports from IQVIA and patent databases, reflecting the regional pharmaceutical patent activity as of 2022.
