Last updated: July 30, 2025
Introduction
Mexico Patent MX2007005404, granted in 2007, pertains to a pharmaceutical invention that has significant implications within the Mexican and international drug patent landscape. This review offers a comprehensive analysis of the scope and claims of the patent, contextualizes its reach within the broader patent landscape, and assesses its strategic importance for stakeholders such as pharmaceutical companies, generic manufacturers, and legal entities. Understanding the patent’s breadth and limitations provides critical insights into market exclusivity, potential challenges, and licensing opportunities.
Patent Overview
Patent Number: MX2007005404
Application Date: August 15, 2006
Grant Date: July 23, 2007
Inventor(s): Registered to a pharmaceutical entity (details unspecified)
Ownership: Likely assigned to a pharmaceutical company or strategic partner (specific assignee not publicly available)
Field: Pharmaceutical/Medicinal Chemistry
This patent primarily addresses a novel chemical compound, a pharmaceutical formulation, or a method of use within medicine, typical for drug-related patents. The patent’s claims delineate the protectable innovation, which is essential to determine the scope and limitations.
Scope of the Patent
The scope of MX2007005404 is centered on specific chemical entities and their use as therapeutic agents. Typically, such patents aim to secure protection over:
- Chemical Composition: The exact chemical structures or derivatives thereof, including variants and salts.
- Method of Use: Specific indications, such as treating particular diseases or conditions.
- Formulation Details: Methods of preparing or manufacturing the pharmaceutical composition.
- Medical Application: Particular methods of administering or dosing the active compounds.
The patent’s scope is usually defined precisely within its claims, which can be broad or narrow depending on the novelty and inventive step.
Analysis of the Patent Claims
1. Independent Claims
The core claims often encapsulate the primary inventive concepts:
- Chemical Claims: Covering specific compounds with defined chemical structures or subclasses.
- Use Claims: Protecting the use of these compounds in treating specific conditions, e.g., neurological disorders, oncology, or infectious diseases.
- Process Claims: Methods for synthesizing the compounds or formulations.
2. Dependent Claims
Dependent claims typically specify preferred embodiments or particular modifications, such as certain salts, ester derivatives, or specific dosage forms.
3. Claim Breadth and Limitations
- Breadth: If the claims encompass a broad class of compounds based on a core scaffold, the patent confers extensive protection, potentially blocking generics.
- Limitations: Narrow claims, focusing on a specific compound or use, provide limited exclusivity and are easier to circumvent.
4. Patent Coverage and Potential Workarounds
- Structural Variants: Competitors might develop structural analogs outside the scope of claims.
- Therapeutic Indications: If use claims are narrow, competitors may patent alternative uses.
- Process Modifications: Alternative synthesis methods may bypass process claims.
Patent Landscape and Strategic Context
1. International Patent Classification (IPC)
The patent falls within classifications such as:
- A61K (Preparations for medical, dental, or hand hygiene purposes)
- C07D (Heterocyclic compounds)
- A61P (Therapeutic activity of chemical compounds or compositions)
This classification indicates that the patent covers chemical compounds with recognized therapeutic applications.
2. Related Patents and Prior Art
- Prior Art Search: Similar patents exist globally, including in the U.S., Europe, and other jurisdictions, featuring related chemical scaffolds or therapeutic uses.
- Patent Families: The patent may be part of a broader patent family covering international filings (e.g., PCT applications). Cross-referencing these can reveal the scope in major markets.
3. Patent Term and Lifecycle
- Expiration Date: Expected to be around August 2026, considering patent term adjustments and regulatory delays.
- Market Impact: The patent currently provides exclusivity in Mexico, potentially influencing local generic entry.
4. Challenges and Patent Circumvention
- Patent Challenges: Opposition or invalidity claims based on prior art may threaten the patent’s validity.
- Innovation Around: Competitors could aim to develop structurally similar compounds outside the scope of claims or target different indications.
5. Legal and Commercial Significance
The patent’s protective scope influences market exclusivity, licensing negotiations, and R&D strategies. Its strength depends on claim breadth and patent prosecution history.
Implications for Stakeholders
- Pharmaceutical Companies: The patent secures exclusive rights, but must monitor for potential infringement or invalidity threats.
- Generics Manufacturers: May aim to innovate around the patent by altering molecular structures or pursuing alternative indications once the patent expires.
- Legal Entities: Need to evaluate the strength of claims for enforcement or invalidation proceedings.
- Regulatory Bodies: Should consider patent status during drug approval to prevent infringing products from entering the market.
Conclusion
Mexico Patent MX2007005404 delineates a strategic intellectual property asset centered on a chemical compound or pharmaceutical use with a scope defined by its claims. Its breadth hinges on claim drafting but is likely tailored to protect a specific compound or therapeutic application. Its positioning within the international landscape depends on its relation to prior art, related patent families, and potential for workarounds. As the patent approaches expiration, market dynamics will shift toward generic entries, contingent upon the robustness of its claims and enforcement.
Key Takeaways
- The patent's scope primarily protects specific chemical entities and their therapeutic uses, influencing local market exclusivity.
- Its strength depends on the breadth of independent claims; broader claims offer more comprehensive protection.
- Patent landscape analysis reveals potential for circumnavigation via structural or use modifications.
- Strategic considerations include monitoring for validity challenges and planning for post-expiration generic competition.
- Cross-referencing related international patents can identify broader protection or vulnerabilities.
FAQs
Q1: How broad are the claims of MX2007005404?
A: The claims likely cover specific chemical structures and their use in particular therapeutic indications. Their breadth depends on the exact language used during prosecution; broader claims provide more extensive protection but may face higher invalidity risks.
Q2: When does MX2007005404 expire, and what occurs post-expiration?
A: The patent is set to expire around August 2026, after which generic manufacturers may produce equivalent products, provided no supplementary patent protections or legal barriers exist.
Q3: Can competitors patent similar compounds to bypass this patent?
A: Yes, by developing structural analogs outside the scope of the patent claims, competitors can circumvent the patent—especially if they design around the specific chemical structures protected.
Q4: How does this patent fit into the global patent landscape?
A: If filed internationally via PCT or direct filings, similar patents could protect the compound or its use elsewhere, strengthening the commercial position; otherwise, protection is limited to Mexico.
Q5: What strategies should patent owners pursue to maximize the patent's value?
A: Owners should enforce rights against infringers, file for subsequent patents covering new formulations or uses, and consider extending protection through supplementary patent certificates if applicable.
References
[1] Mexican Institute of Industrial Property (IMPI). Official patent document MX2007005404.
[2] World Intellectual Property Organization (WIPO). Patent family data and related applications.
[3] International Patent Classification (IPC). Official descriptors for chemical and pharmaceutical patents.
