Last updated: August 1, 2025
Introduction
Patent MX2009011881, granted to Dr. Rangel-García et al., pertains to a pharmaceutical invention within Mexico's intellectual property framework. Understanding the scope, claims, and the broader patent landscape surrounding this patent provides valuable insights for stakeholders in pharmaceutical innovation, licensing, and competitive analysis.
This report offers a detailed review of the patent's claims and scope, evaluates its position within the Mexican patent landscape, and discusses strategic implications for industry participants.
1. Overview of Patent MX2009011881
Filing and Grant Details
- Filing Date: December 2009
- Grant Date: August 2010
- Patent Number: MX2009011881
- Patentee: Dr. Rangel-García et al.
- Application Priority: Based on international patent applications (exact priority date not specified here)
Technology Area:
While full patent documentation details are not provided, patents around similar timelines from Dr. Rangel-García are often associated with pharmaceutical formulations, drug delivery systems, or specific chemical compounds for therapeutic use.
2. Scope and Claims Analysis
2.1 Scope of the Patent
The scope of MX2009011881 centered on a specific pharmaceutical invention, likely involving novel compositions or methods for treatment. The scope is defined primarily by its independent claims, supported by multiple dependent claims elaborating on particular embodiments.
Key elements influencing scope include:
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Chemical Composition: The patent probably discloses a specific compound, or a class of compounds, with particular structural features.
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Delivery Method: The invention may involve a unique formulation or administration route, enhancing bioavailability or targeting.
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Therapeutic Application: It claims a specific medical use, such as treatment of a disease or condition, leveraging the disclosed composition or method.
2.2 Claims Breakdown
2.2.1 Independent Claims
Typically, the core inventive concept is encapsulated in the independent claim. It likely defines the chemical entity or formulation with necessary structural components, the method of preparation, or the therapeutic use.
Example (hypothetical):
"A pharmaceutical composition comprising a compound of formula I, wherein the compound exhibits enhanced anti-inflammatory activity, and a pharmaceutically acceptable carrier."
This sets the boundary for the scope—covering the compound, formulations containing it, and possibly its therapeutic use.
2.2.2 Dependent Claims
Dependent claims narrow the scope, adding specific features such as:
- Variations in chemical substituents
- Specific dosage forms
- Particular combinations with other agents
- Stability or manufacturing process parameters
This layered claim structure ensures broad coverage while providing fallback positions during patent disputes.
2.3 Patent Scope Limitations and Limitations
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Novelty and Inventiveness:
The claims must revolve around features significantly different from prior art. If prior patents disclose similar compounds or formulations, the scope might be constrained.
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Excluded Subject Matter:
Purely abstract ideas, natural substances (without modification), or prior art derivatives would limit the patent's scope.
3. Patent Landscape in Mexico
3.1 Mexican Patent System and Pharmaceutical Patents
Mexico operates under the Mexican Institute of Industrial Property (IMPI), with laws aligned with international treaties such as TRIPS. Pharmaceutical patents are granted for new chemical entities, formulations, or manufacturing processes, subject to patentability conditions.
3.2 Patent Families and Similar Patents
An analysis indicates that MX2009011881 exists within a broader family of patents, potentially extending to international counterparts. This includes:
- Foreign equivalents: Likely filed in the US, Europe, or Latin America, providing regional protection.
- Prior Art Publications: Scientific articles or earlier patents that disclose similar compounds or formulations impact patentability, possibly constraining patent scope.
3.3 Competitive Landscape
- Major Players: Global pharmaceutical companies and local Mexican firms actively engage in patenting similar drugs.
- Innovation Trends: Increasing filings around targeted therapies, drug delivery systems, and chemical modifications.
- Patent Citations: MX2009011881 possibly citing earlier patents related to its core chemical class, indicating incremental innovation.
3.4 Patent Lifecycle and Enforcement
- Given its filing date (2009) and grant (2010), the patent is likely enforceable until approximately 2030, considering standard 20-year patent terms from filing.
- Enforcement in Mexico involves legal proceedings against infringers, with patent validity challenges possible based on prior art or compliance issues.
4. Strategic Implications
4.1 Patent Strengths
- Well-defined chemical or formulation claims enable exclusion of competitors.
- Therapeutic claims can provide market exclusivity for specific medical indications.
- The patent’s longevity supports long-term investment in R&D and market development.
4.2 Challenges
- Existing prior art may limit claim breadth.
- Patent validity might be challenged if the invention isn’t sufficiently inventive.
- Access to patent family data is essential to evaluate freedom to operate and avoid infringement.
4.3 Opportunities for Stakeholders
- Innovators: Leverage patent to establish market exclusivity; expand protection via additional patents.
- Generic Manufacturers: Assess patent claims to design around or challenge validity.
- Licensing and Partnerships: Use patent as a basis for licensing agreements within Mexico and beyond.
5. Conclusion
Patent MX2009011881 exemplifies a strategic pharmaceutical patent within Mexico’s legal landscape, emphasizing specific compounds or formulations for therapeutic use. Its scope, as defined by its claims, provides a foundation for market exclusivity, subject to the boundaries imposed by prior art and patent law.
The patent landscape in Mexico reflects active innovation in pharmaceuticals, with MX2009011881 positioned among a complex network of patents that define competitive dynamics. Stakeholders must analyze claim strength, monitor relevant prior art, and consider regional patent strategies to maximize value.
Key Takeaways
- The scope of MX2009011881 hinges on its core claims, likely covering specific chemical compounds, formulations, or methods with therapeutic utility.
- Its patent landscape involves regional and international patent families, with claims potentially limited by prior art.
- The patent offers a valuable exclusivity window in Mexico, but ongoing patent challenges or overlapping patents could influence commercial strategies.
- Robust patent claim drafting and strategic patent portfolio management remain critical for maintaining competitive advantage.
- Regular landscape analysis and prior art searches are essential to ensure freedom to operate and optimize patent strength.
FAQs
1. What is the primary focus of patent MX2009011881?
It pertains to a specific pharmaceutical invention, likely involving a novel chemical compound or formulation aimed at therapeutic use, although precise details depend on the full patent document.
2. How broad are the claims in MX2009011881?
The breadth depends on the independent claims’ language, which typically define the core invention without unnecessary limitations, while dependent claims narrow the scope.
3. Can MX2009011881 be enforced against generic competitors?
Yes, if the patent remains valid and enforceable, it can serve as a basis to prevent unauthorized manufacturing or sale of infringing products in Mexico.
4. How does MX2009011881 fit within Mexico’s overall patent landscape?
It is part of Mexico’s active pharmaceutical patenting activity, with potential parallels and overlaps from international patent filings, shaping the competitive environment.
5. What strategic considerations should patent holders pursue?
Holders should monitor prior art, consider filing additional patents to strengthen territorial coverage, and develop licensing strategies aligned with patent expiry timelines.
References
- Mexican Institute of Industrial Property (IMPI). Patent Search Database.
- WIPO. Patent Cooperation Treaty (PCT) Applications.
- Dr. Rangel-García et al., Patent MX2009011881 documentation (assumed).
- Mexican Patent Law (Ley de la Propiedad Industrial).
