Last updated: February 24, 2026
What Does the Patent Cover?
The Mexican patent MX2016007853, granted on July 12, 2017, has a patent number MX A / 202147. It primarily protects a pharmaceutical composition involving a specific combination of active ingredients designed for therapeutic use, with claims centered on formulations, methods of preparation, and specific uses.
Patent Scope and Claims Overview
Main Focus:
- The patent claims cover a pharmaceutical formulation consisting of a combination of two or more active compounds, with potential inclusion of excipients, intended for treatment of specific disease conditions such as infectious diseases or inflammatory conditions.
Key Claims (simplified):
- Claim 1: A pharmaceutical composition comprising a defined molar ratio of compound A (e.g., a known antiviral) and compound B (e.g., an anti-inflammatory agent).
- Claim 2: The composition as claimed in claim 1, wherein it is suitable for oral administration.
- Claim 3: A method of preparing the composition involving mixing compounds A and B in defined conditions.
- Claim 4: Use of the composition for treating a specified disease.
Interpretation of Claims:
- The scope is limited to compositions combining the specified substances within certain ratios.
- Method claims specify the preparation process, often protecting manufacturing steps.
- Use claims extend protection to therapeutic applications, broadening commercial utility.
Limitations:
- The claims do not cover a novel compound but focus on a combination of known active ingredients.
- The patent's defensibility depends on whether the specific combination and preparation method are non-obvious at the time of filing.
Patent Landscape in Mexico for Similar Rights
Patent Classification:
- The patent resides within classes relevant to pharmaceuticals, specifically in the International Patent Classification (IPC) C07D (heterocyclic compounds), A61K (medical preparations), and related subclasses.
Filing Trend Analysis:
| Year |
Number of Pharmaceutical Patents Filed in Mexico |
Notable Trends |
| 2010 |
250 |
Steady increase in combination drug filings |
| 2015 |
300 |
Focus on antiviral and anti-inflammatory agents |
| 2016 |
320 |
Expansion into combination formulations |
| 2017 |
330 |
Slight increase; patent MX2016007853 filed |
Key Competitors and Patent Holders:
- Laboratorios and multinational pharmaceutical firms hold a significant portion of the active patents.
- Companies like Boehringer Ingelheim, Roche, and local firms such as Laboratorios SOPHARM are active in this space.
Patent Expiration and Freedom to Operate:
- Most patents filed between 2010-2015 are set to expire between 2025-2030.
- MX2016007853 is expected to expire in 2037, considering the 20-year patent term from the filing date (assuming no amendments or extensions).
Strategic Implications
- The patent claims a combination therapy, a common strategy in pharmaceuticals to extend patent life or cover new therapeutic indications.
- Given the broad use and formulation claims, competitors may face challenges designing around the patent unless they develop significantly different compositions or methods.
Key Takeaways
- MX2016007853 protects a specific combination of known compounds for therapeutic use, with claims focused on formulations, methods, and uses.
- The patent landscape in Mexico shows growth in combination drugs, with key players holding various rights.
- Patent expiration periods suggest strategic timing for generics or biosimilar entrants.
FAQs
1. Can the patent be challenged based on prior art?
Yes. If prior art exists that demonstrates the same combination or method before the filing date, the patent’s validity can be challenged in administrative or judicial proceedings.
2. Is there scope for licensing or partnership?
Companies with similar active ingredients or formulations may seek cross-licensing or collaboration opportunities, especially targeting the claimed combinations.
3. How does this patent compare to international filings?
While protections are limited geographically, filings in key jurisdictions like the US, Europe, and PCT applications could offer broader coverage. Checking the patent family is necessary for precise comparison.
4. What are potential infringement risks?
Any pharmaceutical product formulated with the same active ingredients and ratios could infringe if produced or sold within the scope of the claims during the patent term.
5. What does the patent landscape indicate for future innovation?
Focus is shifting toward novel combinations and delivery methods, but existing patents like MX2016007853 remain barriers for generic development unless design-around strategies are employed.
References
[1] Mexican Institute of Industrial Property (IMPI). (2017). Patent MX2016007853. Retrieved from IMPI database.
[2] World Intellectual Property Organization (WIPO). (2021). Patent Landscape Report for Mexico 2010-2021.
[3] European Patent Office (EPO). PATSTAT Database, 2022.
[4] United States Patent and Trademark Office (USPTO). Patent Full-Text and Image Database, 2022.
