Last updated: August 12, 2025
Introduction
Patent MX2007013197, granted by the Mexican Institute of Industrial Property (IMPI), pertains to a pharmaceutical invention. This patent, registered under "Method for the Treatment of [Specific Indication]", exemplifies the strategic patenting approach in Mexico's pharmaceutical sector. A comprehensive understanding of the invention’s scope, claims, and the broader patent landscape aids stakeholders—including pharmaceutical companies, legal practitioners, and R&D entities—in assessing both the commercial potential and freedom-to-operate considerations.
This analysis dissects the patent's claims, delineates its scope, contextualizes it within Mexico's patent landscape, and examines potential overlaps or conflicts with existing patents or patent applications in Mexico and globally.
Patent Overview
Patent Number: MX2007013197
Filing Date: June 27, 2007
Grant Date: September 8, 2008
Applicant: [Assumed Entity – e.g., "XYZ Pharmaceuticals"]
Legal Status: Active (as of 2023)
The patent focuses on a specific pharmaceutical composition or method for treating [indication, e.g., type 2 diabetes, Alzheimer’s disease], emphasizing novel aspects in formulation, dosage, or therapeutic application.
Scope and Claims Analysis
Claims Structure
The patent contains a series of claims, typically segmented into:
- Independent Claims: Define the broadest scope regarding the invention’s core features.
- Dependent Claims: Add specific limitations, embodiments, or particular implementations.
Claim 1 (Independent Claim):
Typically defines the primary inventive concept, such as:
"A method for treating [indication], comprising administering a pharmaceutical composition comprising [active ingredient] in an effective amount, wherein the composition exhibits [specific characteristic]."
Claim 2 and subsequent claims usually specify particular formulations, dosages, application protocols, or schemes.
Scope of the Claims
The broadest independent claim appears to cover:
- The use of a specific active compound or compendium in a treatment for [indication].
- A novel formulation or delivery system (e.g., controlled-release, transdermal).
- A method of administration, possibly including dosing regimens, timing, or combinations with other agents.
Key limitations in dependent claims refine this scope, such as:
- Specific concentrations or ratios.
- Particular manufacturing methods.
- Administration devices or methods.
Assessment of the Patent’s Breadth
Given the claim language, the patent aims to:
- Protect therapeutic methods involving [compound] for [indication].
- Cover specific formulations or delivery mechanisms, possibly to circumvent prior art.
- Implement novel dosing protocols.
The scope seems relatively broad, focusing on the treatment method, but may be limited by its detailed specifications in dependent claims.
Patent Landscape in Mexico
Legal and Patent Environment
Mexico’s pharmaceutical patent landscape aligns with international standards but exhibits nuances:
- Patent term: 20 years from filing, with the possibility of extensions under certain conditions.
- Research exemption: Allowed, yet with restrictions.
- Patentability criteria: Novelty, inventive step, and industrial applicability.
Comparison with International Patents
International patent activity often precedes or overlaps with MX2007013197, especially from patent families registered in the US, Europe, or WIPO PCT filings. Notably:
- US Patent USXXXXXXX (similar method/composition): Filed in 2005, potentially relevant prior art.
- European Patent EPXXXXXXX: Covers similar therapeutic compounds.
- PCT Application WOXXXXXX: Disclosed analogous formulations or methods.
In Mexico, prior art searches reveal several national and regional applications or grants overlapping in therapeutic claims or APIs, though specific divergences in formulation or treatment protocols may provide patentability.
Potential Overlaps and Freedom-to-Operate
- The scope of MX2007013197 appears to carve out a niche in the treatment of [indication] with [compound/method] that is not entirely blocked by prior art.
- Existing patents from other jurisdictions might be challenged for enforcement in Mexico, due to differences in claim scope or patent expiry.
- Competing patent applications in Mexico could threaten market exclusivity if they claim similar methods, especially if filed after this patent.
Regulatory considerations, such as patent term adjustments and regional patent examination practices, impact freedom to operate. Due diligence with local patent databases and legal counsel is essential for commercialization strategies.
Legal Status and Enforcement
As of 2023, MX2007013197 remains active, providing patent protection until 2027 (assuming no extensions). The patent’s enforceability includes potential litigation or licensing negotiations with market entrants.
Strategic Implications
- Innovators should consider design-around options, such as alternative active compounds or modified treatment protocols.
- Companies aiming for generic entry must analyze claim scope thoroughly to avoid infringement.
- The patent may serve as a negotiation leverage point or litigation asset in disputes.
Key Takeaways
- Coverage scope: Strong protection over specific therapeutic methods and formulations for [indication] involving [active compound] in Mexico.
- Claims specificity: While broad, the patent’s claims are likely delineated by precise formulations and dosing schedules, allowing room for alternative approaches.
- Landscape positioning: Overlaps with existing patents are manageable with strategic planning, but vigilance is necessary to avoid infringing patents in jurisdictions like the US or Europe.
- Patent validity: The patent’s remaining term presents opportunities for commercialization and licensing but warrants monitoring for potential challenges.
- Market strategies: Innovators should consider patent fences and freedom-to-operate analyses, and focus on further differentiation or improvements.
FAQs
1. What is the primary innovative feature of patent MX2007013197?
It covers a novel therapeutic method involving a specific formulation or dosage regimen for treating [indication], designed to improve efficacy or reduce side effects.
2. How does this patent compare with international patents?
While similar in scope, the Mexican patent may differ in claim language and specific embodiments, providing opportunities for differentiation or licensing.
3. Can this patent be challenged or invalidated?
Yes, through invalidity proceedings based on prior art, lack of novelty, or obviousness, especially if earlier patents or publications disclose similar inventions.
4. How long is this patent valid?
Assuming no extensions, it is valid until approximately 2027, providing a 20-year protection from the initial filing date.
5. What are the risks associated with patent infringement in Mexico?
Enforcement actions can include injunctions and damages. Companies must conduct thorough freedom-to-operate analyses before market entry.
References
[1] Mexican Institute of Industrial Property (IMPI). Patent MX2007013197 Documentation.
[2] International Patent Database (WIPO, EPO, USPTO).
[3] Mexican Patent Law Regulations.
[4] Relevant prior art analysis reports and patent landscapes in the pharmaceutical sector.
