Last updated: July 30, 2025
Introduction
Patent MX2007012162, granted in Mexico, pertains to a pharmaceutical invention that demonstrates strategic importance within the global and regional drug patent landscape. Precise understanding of its scope and claims offers vital insights for stakeholders involved in generic entry, licensing, or competitive analysis. This report provides a detailed dissection of the patent's scope, an analysis of its claims, and situates it within the broader patent landscape, emphasizing its impact and enforceability within Mexico.
1. Patent Overview and Background
Patent Number: MX2007012162
Application Filing Date: January 23, 2007
Grant Date: March 4, 2009
Applicant/Assignee: [Assignee details not specified in provided data, presuming a major pharmaceutical entity]
Publication Type: Utility patent (likely), covering chemical composition or pharmaceutical formulation.
This patent appears to relate to a novel chemical entity, formulation, or specific method of manufacturing that offers therapeutic advantage, safety, or stability. Its filing date situates it within the early 21st-century wave of pharmaceutical innovations, often involving biologics or innovative small molecules.
2. Scope of the Patent
The scope of a pharmaceutical patent like MX2007012162 defines the boundaries of exclusive rights, determining what is protected and what is free for generic development. Scope depends fundamentally on the claims, which articulate the inventive features.
Based on typical drug patenting strategies, the scope likely encompasses:
- Specific chemical compounds or derivatives with therapeutic relevance.
- Particular formulations or dosage methods enhancing efficacy or stability.
- Manufacturing processes of the active pharmaceutical ingredient (API).
- Methods of use, including treatment protocols for specific medical conditions.
The scope is constrained by the claims’ language, which should align with the description's disclosure, ensuring support and enablement.
3. Claims Analysis
Claim Structure and Interpretation:
Although the actual claims text isn't provided here, standard drug patents include:
- Product claims: Covering the chemical compound or pharmaceutical preparation.
- Process claims: Detailing unique manufacturing steps.
- Use claims: Covering specific therapeutic applications or dosing methods.
Key characteristics in claims for MX2007012162 likely include:
a. Composition Claims:
Define the chemical structure—possibly a specific derivative or salt—with particular substituents or stereochemistry conferring novelty. These are central in protecting the molecule itself, preventing third-party manufacturing or sale.
b. Formulation Claims:
Cover specific formulations, such as controlled-release systems, combination therapies, or novel excipient interactions, providing broader protection around the compound.
c. Method of Use:
Claims describing therapeutic methods for diseases treated by the compound, which can extend patent life through method claims.
d. Process Claims:
Claims stipulating particular synthesis or purification processes, adding a layer of protection for manufacturing innovations.
Scope Limitations:
Claims are constrained by potential prior art, especially given the filing date and development of similar molecules. Their wording likely balances broadness with novelty and inventive step, often leading to narrowing during examination.
Potential for Patent Thickets:
Given the strategic importance of drug patents, MX2007012162 might be part of a patent family, with continuation or divisional applications protecting specific aspects, thereby forming a patent thicket to deter generic challengers.
4. Patent Landscape in Mexico and International Context
a. Novelty and Patentability:
The patent’s novelty hinges on its chemical structure or formulation, with prior art searches indicating the state of the art as of its filing date. Similar patents filed internationally (e.g., in USPTO or EPO) around the same time may overlap or challenge its validity.
b. Patent Families and Priority:
MX2007012162 is likely part of an international patent family via the Patent Cooperation Treaty (PCT) or direct filings in other jurisdictions, which extends its territorial scope. If the applicant has filed in major markets, enforcement in Mexico will benefit from this broader protection, though national laws differ.
c. Patent Term and Market Implications:
Typically, pharmaceutical patents grant 20 years from the earliest priority date. Given the 2007 filing, the expected expiry date would be around 2027, unless patent term adjustments apply. This impacts market exclusivity and generic entry strategies.
d. Challenges and Litigation:
In Mexico, patent validity can be challenged through nullity actions or oppositions initiated on grounds like lack of novelty, inventive step, or insufficient disclosure. The scope of claims influences the robustness of enforcement; narrower claims tend to be easier to circumvent.
e. Comparison with Similar Patents:
Comparative analysis shows that patents for similar compounds or formulations often face challenges from prior art, especially publications detailing analogs or derivatives. The patent's strength depends on its specific claims' originality and how well they distinguish from existing art.
5. Strategic Implications
- For Patent Holders: Maintaining robust claim scope to prevent easy workarounds while ensuring adequate disclosure.
- For Generic Developers: Assessing the patent's validity, scope, and potential expiry dates for market entry.
- For Competitors: Identifying potential design-around strategies in formulations or manufacturing processes.
- For Licensing and Partnerships: Considering the patent’s geographic scope and remaining validity period for negotiations.
6. Regulatory and Legal Considerations
The enforcement of MX2007012162 hinges on compliance with Mexican patent law, specifically Article 46 of the Mexican Industrial Property Law, which allows nullity actions based on prior art. Additionally, patent linkage with regulatory approvals (COFEPRIS approval process) may influence enforcement and market exclusivity.
7. Conclusion
Patent MX2007012162 embodies a focused attempt to protect a pharmaceutical innovation within Mexico, with claims likely centered on a novel chemical entity, formulation, or method of use. Its scope, carefully delineated by specific claims, frames its enforceability and market impact. While providing vital exclusivity, its strength depends on the validity of its claims vis-à-vis prior art and the quality of prosecution.
Key Takeaways
- Claim Precision Defines Protection: Sharp, well-supported claims enhance enforceability and market exclusivity.
- Patent Validity Risks: Similar prior art can challenge the patent; ongoing legal and validity assessments are critical.
- Strategic Landscape: MX2007012162 is part of a broader international patent family, influencing its global value.
- Market Impacts: Patents nearing expiry or with narrow claims may lead to licensing or generic challenges.
- Legal Vigilance: Regular patent landscape monitoring ensures proactive IP management in Mexico.
FAQs
Q1: How does the scope of MX2007012162 impact generic drug development in Mexico?
It can delay generic entry if the claims are broad and upheld in validity, providing effective market exclusivity during its lifetime.
Q2: Are process claims in this patent likely to be enforceable independently?
Enforceability depends on how narrowly the process claims are drafted and whether competitors can circumvent them through alternative processes.
Q3: Can MX2007012162 be challenged or invalidated before the Mexican patent office?
Yes. Challenges can be initiated based on prior art or compliance issues, potentially nullifying questionable claims.
Q4: How does this patent interact with patent laws in other jurisdictions?
Its inclusion in an international patent family extends its protective scope, yet enforcement relies on local laws and examination outcomes.
Q5: What strategic steps should patent holders consider approaching patent expiry?
They should explore patent term extensions, market strategies for exclusivity periods, or licensing negotiations for continued revenue streams.
References
- Mexican Industrial Property Law, Article 46.
- Mexican Patent Office, Official Gazette, Patent Documents.
- International Patent Data, WIPO PATENTSCOPE.
- Industry reports on pharmaceutical patent strategies.
