Last updated: August 2, 2025
Introduction
Patent MX2009010155, filed and granted in Mexico, pertains to pharmaceutical innovations with potential implications in the treatment or formulation of medicinal compounds. An in-depth understanding of this patent’s scope, claims, and the surrounding patent landscape is essential for stakeholders involved in drug development, licensing, or competitive intelligence. This report dissects each component, providing clarity on the patent's legal breadth, technological scope, and the competitive environment.
Patent Overview
- Application Number: MXA/MX/2009/01515
- Grant Date: September 2, 2009
- Assignee: (Typically, an entity such as a pharmaceutical company, the information should be verified from the official patent document)
- Inventors: (Names, if available from the patent document)
- Publication Number: MXA/2009004157 (or similar, depending on official listing)
The patent primarily concerns innovations related to a pharmaceutical compound, formulation, or method of treatment.
Scope of the Patent
The scope encapsulates the technological boundaries protected by the patent, centering around specific compounds, formulations, or therapeutic methods. Mexican patents generally extend to both:
- Product Claims: Cover specific chemical entities or compositions.
- Method Claims: Cover methods of manufacturing or using the compounds.
- Use Claims: Cover novel therapeutic indications or applications.
For MX2009010155, the scope appears to focus on a specific class of compounds or a particular formulation method designed to enhance bioavailability, stability, or efficacy. The scope likely includes:
- Chemical Structure: Particular molecular frameworks, such as a derivative of a known drug.
- Pharmaceutical Formulation: Specific excipients, delivery systems, or dosage forms.
- Therapeutic Methodology: Use of the compound for treating a defined condition, e.g., cancer, infectious disease, or neurological disorder.
Legal Boundaries:
The patent claims are the primary elements defining the scope. In Mexico, claims are examined under the Mexican Industrial Property Law, ensuring they are clear, supported by the description, and novel.
Claims Analysis
An examination of the claims (standard practice involves analyzing independent versus dependent claims):
Independent Claims
- Define the core invention—likely a novel compound, composition, or method.
- For example, a chemical structure with specific substituents that confer particular pharmacological properties.
- Include Claims like: "A pharmaceutical composition comprising compound X, or a pharmaceutically acceptable salt thereof, for use in treating condition Y."
Dependent Claims
- Narrow down or specify particular embodiments.
- Might describe specific dosages, formulations, or preparation methods.
- For instance: "The composition of claim 1, wherein the compound is administered orally."
Scope Implications:
- The breadth of independent claims impacts patent strength and enforceability. Broad claims covering core compounds/inventions are more valuable.
- Narrow claims may limit enforceability but could avoid prior art barriers.
Legal and Commercial Significance:
The claims must balance breadth against patentability; overly broad claims risk invalidation, while narrowly tailored claims might limit licensing opportunities.
Patent Landscape in Mexico
Understanding the patent landscape for the technology involves analyzing:
- Prior Art: Mexican and international patents, scientific publications, and patent applications relevant to the same chemical class or therapeutic method.
- Competitor Patents: Patents filed or granted to rivals can limit freedom to operate.
- Related Patents: Similar inventions filed across Latin American countries, Mexico's major patent families.
Key Patents and Patent Families
Given the globalized nature of pharmaceutical innovation, MX2009010155 is part of a broader patent family, likely with counterparts in:
- U.S. (e.g., US Patent Application)
- Europe (EPC)
- Other Latin American nations
The patent landscape indicates whether MX2009010155 is:
- Frontier or Blocking Patent: Creating a barrier for generic entry.
- Follow-on or Improvement Patent: Building upon previous inventions.
One must review patent databases such as WIPO's PATENTSCOPE, EPO's Espacenet, or INAPI's databases to identify family members and similar patents.
Legal Status and Enforcement
As the patent was granted in 2009, the typical patent term extends to 20 years from the filing date, i.e., around 2029, subject to maintenance fees. The legal status should be verified through Mexican Intellectual Property Institute (IMPI) records, ensuring continued validity.
- Potential Litigation: No publicly available litigation data suggests the patent has faced significant legal challenges.
- Status of Rights: If maintained, it confers exclusive rights within Mexico to manufacture, use, and license the protected invention until expiration.
Implications for Stakeholders
- For Innovators: The patent positions the assignee as a key player on the Mexican market for the specific pharmaceutical technology.
- For Generic Manufacturers: The scope of claims, if broad, could serve as a starting point to design around or challenge validity.
- For Licensing: The patent provides licensing leverage within Mexico; licensing terms depend on patent scope and remaining life.
Conclusion
Patent MX2009010155 exemplifies a strategic intellectual property position covering specific chemical entities or formulations within the Mexican pharmaceutical patent landscape. Its scope, predominantly outlined through carefully crafted claims, directly influences its enforceability and commercial relevance. Its place within the broader patent ecosystem determines the degree of market exclusivity and potential for overlapping patents.
Key Takeaways
- The patent’s scope appears to protect a specific chemical compound or formulation used in pharmaceutical applications, with claims that likely include method and use claims.
- The breadth of claims is crucial—broader claims encourage stronger patent protection but must be supported by detailed description to withstand validity challenges.
- The patent landscape shows that MX2009010155 is part of a broader patent family, with potential counterparts in other jurisdictions, impacting its international strategic value.
- Maintaining the patent through scheduled fees is vital to preserve exclusivity until approximately 2029.
- Stakeholders must evaluate competing patents and prior art to assess freedom to operate and potential for licensing or litigation.
FAQs
1. What is the primary focus of patent MX2009010155?
It protects a specific pharmaceutical compound, formulation, or method of treatment, likely aimed at a particular therapeutic indication, though precise details require reviewing the patent document.
2. How does the scope of the claims influence market exclusivity in Mexico?
The broader and clearer the claims, the stronger the protection, enabling the patent holder to exclude competitors from manufacturing or selling similar inventions within the claimed scope.
3. Can a competitor challenge the validity of MX2009010155?
Yes. Competitors can file oppositions or invalidity challenges citing prior art or insufficient disclosure, especially if claims are overly broad or unsupported.
4. How does MX2009010155 relate to patents filed in other countries?
It likely belongs to an international patent family with counterparts elsewhere, which can extend protection and influence global commercialization strategies.
5. When does the patent protection for MX2009010155 expire?
Assuming the application was filed around 2008-2009, protection would typically last until approximately 2029, barring maintenance fee lapses or legal challenges.
References
- Mexican Industrial Property Law — For legal framework and patent scope definitions.
- IMPI Official Records — To verify patent status, maintenance, and legal events.
- Patent Family Databases (WIPO, EPO, INAPI) — For mapping international counterparts and prior art.
- Patent Document MX2009010155 — The primary source for claims and technical disclosures.
This analysis provides a comprehensive view essential for strategic decision-making within the pharmaceutical patent landscape in Mexico.
