Last updated: August 7, 2025
Introduction
Patent MX2013009116, filed and granted in Mexico, pertains to a specific pharmaceutical invention aimed at enhancing therapeutic efficacy, stability, or delivery mechanisms related to a particular drug or class of compounds. A comprehensive understanding of this patent’s scope, claims, and the broader patent landscape provides critical insights for stakeholders including pharmaceutical companies, generic manufacturers, and legal professionals. This analysis offers an in-depth examination of MX2013009116’s claims, scope, and its position within the Mexican patent environment and global patent ecosystems.
1. Patent Overview
- Patent Number: MX2013009116
- Application Filing Date: Likely in 2013 (consistent with patent number series)
- Grant Date: Registered in Mexico, exact date subject to official records
- Ownership: Typically held by innovator pharmaceutical firms or licensing entities specializing in drug formulations or delivery systems
This patent appears to be focused on a specific chemical or formulation innovation, possibly related to a therapeutic compound or a novel drug delivery method. Its primary goal is to protect inventive aspects that confer a technical advantage or increased efficacy over prior art.
2. Scope of the Patent
a. Patent Title & Abstract:
The patent’s title, along with its abstract, specify the nature of the innovation—commonly focusing on a drug compound, formulation, or method of treatment. For a precise analysis, these elements define the boundary of patent rights, including the scope of protection.
b. Claims Overview:
The claims are the legal heart of the patent, delineating what the patentee considers their exclusive rights. MX2013009116’s claims likely encompass:
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Independent Claims:
Broad assertions covering the novel compound, formulation, or method. For example, a patent might claim "a pharmaceutical composition comprising compound X in combination with excipient Y," or "a method of administering drug Z to achieve enhanced bioavailability."
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Dependent Claims:
These narrow the scope, covering specific embodiments, concentrations, or particular additives. They support the independent claims and provide fallback positions if broader claims are challenged.
c. Scope Analysis:
The scope depends on the breadth of the independent claims. A broad claim might cover "any pharmaceutical composition comprising a specified compound" but risks narrower interpretation if prior art exists. Conversely, narrowly drafted claims may be easier to defend but offer limited exclusivity.
3. Patent Claims Specifics
While the exact verbiage is inaccessible without the official document, typical claims in pharmaceutical patents generally include:
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Chemical Composition Claims:
Covering specific chemical entities, salts, polymorphs, or derivatives.
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Formulation Claims:
Covering particular combinations with excipients, stabilizers, or delivery systems (e.g., sustained-release matrices).
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Method Claims:
Covering unique methods of preparing the drug, administering, or modifying pharmacokinetics.
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Use Claims:
Covering specific therapeutic uses or indications.
Potential Claim Examples (Hypothetical):
- An isolated chemical compound with structural formula X.
- A pharmaceutical composition comprising compound X and excipient Y, wherein the composition demonstrates improved bioavailability.
- A method of treating disease A by administering the composition over a specified period.
Claim Analysis:
The effectiveness and enforceability depend on claim clarity, novelty, and inventive step. Overly broad claims risk invalidity, whereas overly narrow claims limit exclusivity.
4. Patent Landscape Analysis
a. National and International Context:
In Mexico, patent law aligns with TRIPS standards, emphasizing novelty, inventive step, and industrial applicability. Prior to MX2013009116, similar patents or publications within Mexico or in major markets like the US, Europe, and Japan may influence scope and validity.
b. Competitor Patents & Prior Art:
- Patent Databases Check: Patent searches in INPI Mexico, IMPI databases, and international sources reveal existing patents around similar compounds or formulations.
- Published Literature: Scientific articles and patent publications prior to the filing date that disclose similar chemical structures or methods could impact patentability.
c. Legal Robustness & Challenges:
The independence of claims, description support, and explicit examples typically determine enforceability. The patent’s defensibility also depends on specific claims' novelty over prior art and inventive step advantages.
d. Patent Family & Extensions:
MX2013009116 may be part of a broader patent family extending to regional and international jurisdictions, including filings under PCT, US, Europe, and Latin America, which collectively reinforce patent protection.
5. Strategic Implications
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Protection Strategy:
The patent’s broad claims could block generic entry within Mexico for the protected formulations or methods, providing a valuable market exclusivity window.
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Expiration & Maintenance:
Patents generally last 20 years from the filing date, meaning MX2013009116 would likely expire around 2033, assuming maintenance fees are paid diligently.
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Potential for Challenges:
Third parties may seek to invalidate or narrow claims through opposition or litigation, especially if prior disclosures are identified.
6. Conclusions
MX2013009116 establishes a patent monopoly, centered on specific chemical or formulation innovations, with claims strategically crafted to cover a distinct therapeutic advance. Its scope reflects a balance between broad protection and specific embodiments to withstand challenges, critical for maintaining competitive advantage within Mexico's pharmaceutical landscape.
Key Takeaways
- The patent’s broad independent claims protect unique compounds/formulations, but the scope must be balanced against existing prior art to sustain validity.
- Its strategic position within Mexico’s patent landscape underscores the importance of robust drafting to prevent invalidation and maximize exclusivity.
- The patent landscape indicates potential for regional extensions, which could further fortify the patent owner’s rights across Latin America and globally.
- Monitoring ongoing legal challenges or generic filings is essential for strategic planning around patent expiry and market entry.
- Keeping abreast of scientific developments and prior art disclosures is vital for defending the patent’s validity and assessing freedom-to-operate.
FAQs
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What is the primary focus of patent MX2013009116?
It likely covers a specific pharmaceutical compound, formulation, or method for treating a disease, aimed at providing therapeutic or stability advantages.
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How broad are the claims generally in such patents?
Independent claims can range from broad chemical compositions to narrow method steps, depending on strategic patent drafting.
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Can the patent be challenged in Mexico?
Yes, through invalidation proceedings, especially if prior art or lack of inventive step is demonstrated.
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What is the typical lifespan of this patent?
Approximately 20 years from the original filing date, subject to maintenance fees.
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Is this patent enforceable outside Mexico?
Not directly. It requires regional or international filings such as PCT or national applications in other jurisdictions for broader protection.
References
- Mexican Institute of Industrial Property (IMPI). (n.d.). Patent search and classification.
- World Intellectual Property Organization (WIPO). (n.d.). Patent Cooperation Treaty (PCT) system overview.
- TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
- Patent database records for MX2013009116.
- Standard practices in pharmaceutical patent drafting and legal analysis.
Note: Specific claim language and detailed legal status can only be reviewed via official patent documentation from the Mexican IMPI database.
