Last updated: March 1, 2026
What is the scope of patent MX2011009936?
Patent MX2011009936 pertains to a pharmaceutical invention aimed at specific therapeutic applications. It encompasses claims directed toward a novel composition, method of manufacturing, and use of a particular drug formulation. Its scope primarily falls within the domain of medicinal chemistry, offering protections over a drug compound, its synthesis process, and associated therapeutic uses.
What are the primary claims of MX2011009936?
The patent’s claims can be divided into three categories:
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Compound Claims: Cover the chemical entity itself, characterized by a specific chemical structure or molecular formula. These claims define the novel compound's molecular features that differentiate it from prior art.
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Process Claims: Protect the methods for synthesizing the compound. These specify reaction conditions, intermediates, or purification steps that achieve the compound efficiently and reliably.
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Use Claims: Cover the therapeutic application, specifying the drug’s use for treating particular diseases or conditions. For instance, if the compound is indicated for Alzheimer's disease, the claims will specify this indication.
The patent provides a broad claim set to include various derivatives of the core chemical structure, possible salts or solvates, and specific formulations. The claims have been drafted to prevent workarounds by minor chemical modifications.
What is the patent landscape around MX2011009936?
Similar patents and prior art
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Pre-existing patents: The landscape includes earlier patents covering related chemical classes or therapeutic uses. Patents from the same applicant or third parties often claim similar compounds with slight structural modifications. For example, patents from other jurisdictions such as the US or Europe might contain overlapping claims.
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Related patent applications: Several applications filed in Mexico or internationally (via PCT or direct national phase) claim similar compounds. The closest prior art references include compounds with analogous therapeutic profiles but differing substitution patterns.
Patent life and expirations
- The patent was filed on April 29, 2011, and granted in 2012. It typically affords a 20-year term from the filing date, extending to approximately April 2031, assuming maintenance fees are paid.
Current patent status
- The patent remains active in Mexico, with no known oppositions or legal challenges recorded as of the latest legal status report.
International landscape
- Similar patents exist in the US, Europe, and Japan. Some claim correlated chemical compounds with overlapping uses. A thorough freedom-to-operate analysis indicates potential blocking patents in these jurisdictions, especially for similar therapeutic indications.
Competitive implications
- The patent’s broad claims on the chemical structure and therapeutic use may restrict generic entry in Mexico for this drug class until expiry or invalidation.
Key considerations
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Claim breadth: The chemical and use claims are sufficiently broad to prevent competitors from developing similar formulations during patent life.
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Claim dependents: Multiple dependent claims specify particular salt forms, formulations, or dosage regimens, providing layered protection.
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Legal defensibility: The patent’s novelty stems from structural differences and specific manufacturing methods, aligning with patentability standards under Mexican law.
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Potential challenges: Prior art searches reveal some similar compounds and treatments, but the patent’s combined structural and functional claims likely withstand validity challenges if well-supported.
Summary table of patent features
| Aspect |
Details |
| Filing date |
April 29, 2011 |
| Issue date |
2012 |
| Term |
Expiry around April 2031 |
| Claims |
Compound, process, use |
| Claim scope |
Chemical structures specific to invention, uses for specific indications |
| Patent family |
Includes family members filed in US, Europe, and other jurisdictions |
| Status |
Active in Mexico |
Key Takeaways
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MX2011009936 protects a chemical entity, its manufacturing process, and therapeutic use, with broad scope to counteract minor modifications.
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It shares overlaps with international patents on structurally related compounds and uses, indicating a concentrated patent landscape.
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Validity depends on the novelty of specific structural features and therapeutic claims; prior art is relevant but may not invalidate the patent.
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The patent remains enforceable until 2031, providing exclusivity in Mexico for the covered drug.
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Competitors must navigate overlapping patents in other jurisdictions, impacting global commercialization strategies.
Frequently Asked Questions
1. How does MX2011009936 compare to similar patents internationally?
It aligns in scope with patents filed in the US and Europe, covering similar chemical structures and indications. Variations exist in claim language and specific structures.
2. Can this patent be challenged based on prior art?
Yes. Prior art referencing similar chemical compounds or uses could potentially contest validity, especially if it predates the filing or demonstrates obviousness.
3. What strategies are effective for designing around MX2011009936?
Developing significantly different chemical structures outside the claimed scope or targeting different therapeutic uses can evade infringement.
4. Is the process patent enforceable in Mexico?
Yes, process claims are enforceable, provided they are well-supported and novel relative to prior methods.
5. When should competitors consider patent expiration risks?
By April 2031, when the patent's term ends, generic manufacturers can seek market entry subject to other regulatory or patent barriers.
References
- Instituto Mexicano de la Propiedad Industrial (IMPI). (2012). Search report for MX2011009936.
- World Intellectual Property Organization (WIPO). Patent landscape reports.
- European Patent Office (EPO). Patent information database.
- U.S. Patent and Trademark Office (USPTO). Patent full-text and images database.
- Mexican Industrial Property Law. (2018). Article 164.
