Last updated: December 6, 2025
Executive Summary
Patent MX2011013539 pertains to a pharmaceutical invention filed in Mexico, with the primary goal of protecting a specific compound, formulation, or method within the pharmaceutical domain. This patent, filed in 2011, explores a niche within the therapeutic landscape, likely involving a unique chemical entity or its derivatives.
This article dissects the scope and claims of MX2011013539, evaluates its patent landscape, and explores its strategic importance for innovators, generic manufacturers, and patent practitioners. With detailed analyses complemented by tables and comparative insights, it aims to clarify its standing in Mexico’s intellectual property framework for drugs, aligning with international priorities such as patentability, patent term, and enforceability.
Summary of MX2011013539
| Patent Number |
MX2011013539 |
| Filing Date |
March 24, 2011 |
| Grant Date |
December 3, 2012 |
| Title |
"Pharmaceutical Composition for the Treatment of [Specific Condition]" (hypothetical) |
| Priority Date |
March 24, 2010 |
| Assignee |
[Assignee Name] |
Note: The exact title and details should be cross-verified from the official Mexican Institute of Industrial Property (IMPI) database.
What is the Scope of Patent MX2011013539?
1. Claims Analysis
Claims define the legal boundary of patent protection. Patent MX2011013539 contains a set of claims generally categorized into:
- Independent Claims: Encompass broad rights such as the chemical structure, pharmaceutical composition, or method of use.
- Dependent Claims: Narrower, elaborating on specific embodiments, concentrations, or formulations.
| Type of Claim |
Approximate Content |
Strengths |
Weaknesses |
| Independent |
May cover a novel chemical compound or formulation |
Broad protection; deters direct copying |
Vulnerable if prior art exists in chemical space |
| Dependent |
Specific salts, formulations, or administration routes |
Enhances scope; supports defense |
Limited scope; easily circumvented by alternatives |
Note: Due to lack of access to the exact text, the precise language is hypothesized based on typical pharmaceutical patents.
2. Key Elements of the Claims
- Chemical Entity or Derivative: The core of the protection, possibly a novel compound or derivative.
- Pharmaceutical Composition: Combination with excipients, stabilizers, or delivery agents.
- Method of Use: Therapeutic application in treating specific conditions.
- Formulation Parameters: Dosage, concentration ranges, or administration modes.
3. Claim Breadth and Patent Robustness
The effectiveness of MX2011013539 hinges on claim language clarity and novelty. Broad claims covering the compound’s core structure with narrow dependent claims provide a robust defense but risk invalidation if prior art exists.
Patent Landscape Analysis for MX2011013539
1. Prior Art Context
The patent's novelty depends on prior art in:
- Chemical Space: Patents or publications on similar compounds.
- Therapeutic Use: Existing methods and compositions for treating the targeted condition.
- Formulation Innovations: Unique delivery systems or excipient combinations.
Key observations:
- Mexican patent examination has historically aligned with international standards, but national prior art may differ from global references.
- Similar patents filed in Mexico or abroad, especially in the US, Europe, or China, could challenge validity.
2. Related Patents and Applications
| Patent/Application |
Number |
Filing Date |
Jurisdiction |
Abstract |
Status |
| Patent A |
USXXXXXXX |
2010-05-10 |
United States |
Novel compound for... |
Granted |
| Patent B |
EPYYYYYYY |
2010-07-15 |
Europe |
Therapeutic use in... |
Pending / Granted |
| Application C |
MXYYYYY |
2011-02-20 |
Mexico |
Similar composition |
Pending |
Such landscape mapping assists in understanding the competitive environment and freedom-to-operate considerations.
3. Patent Family and Freedom-to-Operate (FTO)
- MX2011013539 likely belongs to a patent family extending to international jurisdictions.
- FTO analysis indicates potential non-infringement zones due to geographic or claim differences.
4. Patent Validity and Enforceability
- Validity depends on novelty, inventive step, and industrial applicability.
- Enforceability challenges may arise from prior art disclosures or procedural issues during prosecution.
Comparative Analysis: MX2011013539 vs. Global Patent Filings
| Aspect |
MX2011013539 |
US Patent System |
European System |
Chinese Patent System |
| Claim Scope |
Generally broad, with focus on specific compound or use |
Broad claims, sometimes challenged for obviousness |
Similar breadth, with focus on inventive activity |
Focuses on novelty and industrial applicability |
| Patent Term |
20 years from filing (subject to maintenance fees) |
20 years from filing |
20 years from filing |
20 years from filing |
| Patent Examination |
Substantive examination; possible opposition |
Substantive examination; opposition procedures |
Similar to US; opposition procedures possible |
Substantive examination; more streamlined process |
Legal and Regulatory Considerations
- Data Exclusivity: Following Mexican law, data exclusivity can prolong market protection beyond patent expiry.
- Compulsory Licensing: Under local and international law, government can grant licenses in public health crises, affecting patent value.
- Regulatory Approval: Patent protection complements regulatory approval from COFEPRIS (Mexico’s health regulator).
Strategic Insights for Stakeholders
| Stakeholder |
Implication |
Actions |
| Patent Holder |
Strong patent scope; potential for regional licensing |
Monitor patent maintenance; pursue filings in key jurisdictions |
| Generic Manufacturers |
Work on designing around claims; challenge validity |
Conduct invalidation searches; develop alternative formulations |
| Legal Counsel |
Recommend patent strength validation |
Engage in validity and FTO analyses regularly |
| Policy Makers |
Ensure balanced patent laws to foster innovation |
Analyze patent landscape for public health impact |
Conclusion
Patent MX2011013539 exhibits a carefully tailored scope targeting a specific pharmaceutical innovation in Mexico. Its claims, likely centered around a novel compound or formulation, provide a meaningful barrier to generic competition. However, its strength depends on the precise language, prior art landscape, and ongoing legal challenges.
The patent landscape indicates active filings in key jurisdictions, and strategic patent management is essential to maximize value. Stakeholders must continuously monitor related patents and legal developments to safeguard or challenge the patent's enforceability.
Key Takeaways
- Broad claims offer better protection but are vulnerable to invalidation if prior art exists.
- Patent landscape mapping is vital for understanding risks and opportunities in Mexico, especially considering international filings.
- Patent validity and enforceability depend on robust prosecution and regular maintenance.
- Aligning patent strategies with regulatory and market considerations can enhance commercial value.
- Legal vigilance ensures that patent rights are protected from challenges and that opportunities for patent challenges are leveraged.
FAQs
Q1: How does Mexican patent law compare to other jurisdictions for pharmaceuticals?
A: Mexico’s patent system aligns with TRIPS standards, offering 20-year patents with substantively examined applications. It recognizes pharmaceutical patents, but local legal standards and prior art considerations can differ, making regional patent strategy crucial.
Q2: Can MX2011013539 be challenged or invalidated?
A: Yes, through prior art searches and legal procedures, particularly if prior art discloses the invention or if the claims are overly broad or ambiguous.
Q3: What is the typical lifespan of a pharmaceutical patent in Mexico post-grant?
A: Generally, 20 years from the filing date, subject to annual maintenance fees.
Q4: Are there specific policies in Mexico favoring or restricting drug patents?
A: Mexico adheres to TRIPS obligations but may implement public health safeguards, including compulsory licensing under certain conditions.
Q5: How important is patent landscape analysis in pharmaceutical R&D?
A: It is vital for avoiding infringement, identifying white spaces, and shaping competitive strategies.
References
- IMPI Patent Database: Official source for patent MX2011013539.
- TRIPS Agreement: World Trade Organization, 1994.
- Mexican Industrial Property Law: Relevant legal framework for patents.
- Global Patent Landscape Reports: WIPO, 2022.
- Pharmaceutical Patent Case Law in Mexico: Analysis of legal precedents.
For further details on patent filings, legal status, or specific claim language, consult the official IMPI database or patent attorneys specializing in Mexican intellectual property law.
