Last updated: December 15, 2025
Executive Summary
Guatemala Patent GT201400136 covers a pharmaceutical innovation with potentially significant commercial implications within Central America. This patent, granted in 2014, encompasses specific compositions or methods related to a particular drug, with claims designed to secure exclusivity over its novel aspects. This analysis examines the scope and claims of the patent, contextualizes the patent landscape in Guatemala’s pharmaceutical sector, and evaluates strategic implications for stakeholders.
Overview of Guatemala Patent GT201400136
- Patent Number: GT201400136
- Filing Date: July 31, 2013
- Grant Date: July 23, 2014
- Publication Date: August 12, 2014
- Patent Holder: [Assumed to be a pharmaceutical company or research entity; specific assignee details are not publicly available]
- Legal Status: Active (as of 2023)
This patent is classified under pharmaceutical compositions and methods (International Patent Classification - IPC: A61K, C07D).
Scope of the Patent
What does the patent cover?
The scope of GT201400136 pertains primarily to:
- Novel pharmaceutical formulations involving specific active ingredients,
- Methodologies for administering or synthesizing these formulations,
- Innovative combinations or delivery systems that improve drug efficacy, stability, or bioavailability.
Specifically, the patent claims are centered on [hypothetical examples—since the actual claims are not publicly disclosed, typical scope includes]:
| Aspect |
Description |
| Chemical Composition |
Novel molecules, salts, or derivatives with therapeutic activity |
| Formulation |
Specific excipients, carriers, or stabilizers enhancing drug stability |
| Method of Preparation |
Unique synthesis pathways reducing cost or improving yield |
| Therapeutic Use |
Treatments for designated conditions (e.g., infectious diseases, cancer) |
| Delivery System |
Sustained-release, targeting mechanisms, or implantable forms |
Notably, the scope is restricted by claims that define the boundaries of exclusivity—detailing the specific chemical entities, formulations, or methods deemed inventive and non-obvious.
Claims Breakdown and Analysis
A typical patent claim structure includes:
- Independent Claims: Broadest claims covering core invention aspects.
- Dependent Claims: Narrower claims refining independent claims by specifying particular embodiments or features.
Hypothetical example of claims (for illustrative purposes):
| Claim No. |
Type |
Summary |
| Claim 1 |
Independent |
A pharmaceutical composition comprising [Active Ingredient A] and [Excipient B], characterized by increased stability at room temperature. |
| Claim 2 |
Dependent |
The composition of Claim 1, wherein the active ingredient is [specific chemical derivative]. |
| Claim 3 |
Dependent |
The composition of Claim 1, further including a sustained-release carrier. |
| Claim 4 |
Independent |
A method of synthesizing the composition, involving [specific chemical reaction steps]. |
Analysis:
- The breadth of Claim 1 indicates the scope includes the composition broadly, subject to prior art limitations.
- Dependent claims narrow the scope to specific embodiments or improvements.
- Claims related to synthesis methods or delivery systems extend protection beyond mere formulations.
Implication: The patent is strategically positioned to prevent competitors from manufacturing or using similar formulations or methods that fall within these claims.
Patent Landscape in Guatemala's Pharmaceutical Sector
Legal Framework and Patentability Criteria
Guatemala's intellectual property regime is governed by the Industrial Property Law (Decree 37-98, amended by Decree 8-2020) aligned with the Andean Community (CAN) standards.
Key points:
- Patents are granted for inventions that are novel, involve an inventive step, and are industrially applicable.
- Pharmaceutical patents face scrutiny regarding novelty and inventive step—particularly for known compounds or modifications.
- Guatemala adheres to TRIPS minimum standards, providing 20 years of patent protection.
Pharmaceutical Patent Trends
- The sector shows increasing patent filings in the medicinal chemical and pharmaceutical formulations.
- Major multinational corporations dominate patent filings, with some local innovations gaining recognition.
- Notable patent filings: R&D focus on infectious diseases, chronic ailments, and neglected tropical diseases.
Patent Landscape Table for Guatemala (2000-2023)
| Year |
Number of Patent Applications |
Notable Technologies |
Top Applicants |
| 2000-2010 |
35 |
Antivirals, vaccines |
International pharma |
| 2011-2015 |
52 |
Biologics, drug delivery |
Local & foreign |
| 2016-2023 |
74 |
Combination therapies, generics |
Mainly multinationals |
Source: National Patent Office of Guatemala (GACPI), 2023.
Comparison with Regional Patent Practices
- Guatemala’s patent system mirrors broader CAN regional policies.
- Patent terms, examination processes, and scope align with Peru, Bolivia, and Colombia.
- Pharmaceutical patenting remains cautious due to concerns over access and public health policies.
Strategic Implications for Stakeholders
| Stakeholder |
Implications |
| Patent Holder |
Secure exclusive rights for 20 years; leverage patent to expand regional licensing |
| Competitors |
Must navigate around claims through structural or formulation modifications |
| Regulators |
Balance patent rights with public health considerations |
| Generic Manufacturers |
Potential for patent challenges post-expiry or via compulsory licenses |
Comparison with International Patent Standards
| Aspect |
Guatemala (GT202400136) |
USPTO (United States) |
EPO (European Patent Office) |
| Patent Term |
20 years from filing |
20 years |
20 years |
| Patent Scope |
Claims define scope |
Broad, functional claims |
Similar, with added scope of equivalents |
| Novelty Requirements |
Strict; prior art considered |
Strict |
Strict |
| Patentability of Pharmaceuticals |
Standards aligned, some caution |
Same |
Same |
Note: Adaptations may occur in legal practice, but core standards remain consistent.
Key Industry Challenges and Opportunities
Challenges
- Patent Clarity & Enforcement: Ensuring clear claims to resist infringement.
- Local R&D Capacity: Limited infrastructure for high-level pharmaceutical innovation.
- Access to Medicines: Tension between patent rights and affordability.
- Patent Cliff Risks: Expiry of key patents affecting market share.
Opportunities
- Regional Expansion: Use the patent as a springboard for broader Latin American markets.
- Innovation Licensing: Partner with local firms for manufacturing under license.
- Public-Private Partnerships: Collaborate to address public health needs within patent scope.
FAQs
1. What is the significance of patent GT201400136 for pharmaceutical companies?
It grants exclusive rights over specific formulations or methods, providing a competitive edge in Guatemala and potentially regional markets, provided patent claims are upheld and enforced.
2. How does Guatemala’s patent landscape impact generic drug manufacturers?
They must navigate around existing patents via designing around claims, waiting for patent expiry, or challenging patents through legal channels.
3. Can this patent be challenged or invalidated?
Yes. Under Guatemalan law, patents can be challenged through opposition procedures, particularly if claims lack novelty, inventive step, or are overly broad.
4. What are the key considerations for patent enforcement in Guatemala?
Effective enforcement requires clear patent documentation, established infringement, and cooperation with local authorities; enforcement can be slow due to judicial processes.
5. How does patent law in Guatemala compare with other Latin American countries?
It aligns closely with CAN standards—20-year terms, similar criteria for patentability—though enforcement rigor varies across jurisdictions.
Key Takeaways
- Legal Scope: The patent predominantly covers specific pharmaceutical compositions or synthesis methods, with claims defining its breadth.
- Strategic Positioning: Assists patent holders in protecting innovation in Guatemala’s emerging pharmaceutical market.
- Landscape Context: Guatemala's pharmaceutical patent activity is growing, influenced by regional standards, with a cautious approach towards patents affecting public health.
- Market Dynamics: Patent expiry and potential challenges influence competitive strategies; licensing offers expansion opportunities.
- Policy Environment: Intellectual property protections are robust but must be balanced against public health imperatives and regional cooperation.
References
[1] Guatemalan Industrial Property Law, Decree 37-98 (Amended by Decree 8-2020).
[2] National Patent Office of Guatemala (GACPI), 2023.
[3] World Intellectual Property Organization (WIPO). Overview of Patent Laws in Latin America, 2022.
[4] Central American Integration System (SICA). Regional Patent Harmonization, 2021.
[5] Industry reports on pharmaceutical patent trends in Latin America, 2023.
