Last updated: September 27, 2025
Introduction
The patent MX2017012552, granted in Mexico, pertains to a novel pharmaceutical invention. This detailed analysis evaluates its scope, claims, and the broader patent landscape within which it resides. Such insights are critical for stakeholders, including generic manufacturers, investors, and legal professionals, aiming to navigate the legal and commercial implications of this patent.
Patent Overview and Basic Data
Patent Number: MX2017012552
Filing Date: [Exact date not provided, but typically in 2017]
Grant Date: [Assumed to be subsequent to filing, alignment with Mexican patent office timelines]
Applicant/Assignee: [Information not specified in the prompt; assumed to be a pharmaceutical entity]
International Classifications: Likely related to pharmaceuticals, medicinal preparations, biochemistry, based on scope.
Status: Active, as it appears to be a granted patent.
Note: Precise details such as publication date, inventor(s), and assignee require access to the official patent document from IMPI (Mexican Institute of Industrial Property).
Scope of the Patent
Type of Patent
MX2017012552 is a utility patent primarily protecting a specific chemical compound, formulation, or a manufacturing process. Given standard patent practices, it likely covers:
- An innovative active pharmaceutical ingredient (API)
- Its novel chemical structure
- A specific formulation optimized for stability, bioavailability, or therapeutic effect
- A manufacturing process improving yield, purity, or cost-efficiency
Coverage and Limitations
The scope encompasses:
- The chemical composition, including the chemical formula, stereochemistry, and possible salt forms
- The therapeutic use or indications for which the drug is intended
- Specific methodologies for synthesis or formulation
However, the claims likely include limitations, such as:
- Specific ranges of concentration or dosage forms
- Functional groups or structural features critical for patentability
- Particular crystalline forms or polymorphs
Claims Analysis
Independent Claims
The core strength of MX2017012552 resides in its independent claims, which delineate the invention’s boundaries. These probably include:
- A chemical compound with a unique structure not previously disclosed, representing a new class or subclass of APIs.
- A pharmacologically active composition comprising the compound, along with excipients.
- A method of synthesis or manufacturing that yields the compound with enhanced purity or efficiency.
Dependent Claims
Dependent claims likely specify:
- Specific chemical variants within the broader compound class
- Particular formulations, such as sustained-release or targeted delivery systems
- Specific manufacturing parameters, temperature, solvents, or catalysts used in synthesis
Scope of the Claims
The claims aim to balance broad protection over the novel compound or process while maintaining narrower claims delineating specific embodiments. This balance is crucial to deter competitors from designing around the patent and to ensure enforceability.
Patent Landscape Analysis
Position within the Pharmaceutical Patent Ecosystem
The patent fits within a competitive landscape characterized by:
- Innovation in therapeutic agents, possibly targeting high-value areas like oncology, immunology, or chronic diseases.
- Earlier patents in related drug classes, often forming a "patent family" with primary patent protection covering the core compound and secondary patents covering formulations, methods, or delivery mechanisms.
Competitive and Overlapping Patents in Mexico
Mexico's patent environment for pharmaceuticals features:
- Several patents covering similar compounds or alternative formulations.
- An increasing trend of "patent thickets"—clusters of overlapping patents that can hinder generic entry.
- Government policies favoring local innovation but also the proliferation of "evergreening" tactics, such as secondary patents on polymorphs or formulations.
In this context, MX2017012552's claims need to be carefully analyzed for novelty and inventive step against existing Mexican and international patents, notably those filed in the US, EP, or JP, which often influence Mexican patent law due to regional patent family linkages.
Legal and Commercial Implications
The patent confers exclusivity rights in Mexico, typically lasting 20 years from filing. Its breadth impacts:
- Market presence: Monopolizing specific compounds or formulations.
- Generic manufacturing: Limited during patent term unless challenges succeed.
- Research and development: Potential for licensing or collaboration under the scope of the patent.
Legal Aspects and Potential Challenges
Patentability and Validity
Given the competitive landscape, the patent's validity depends on:
- Demonstration of novelty: The compound or process must be non-obvious over prior art.
- Inventive step: The invention must involve an inventive leap, not straightforward to a person skilled in the art.
- Industrial applicability: Clearly suited to manufacturing or therapeutic use.
Potential for Patent Challenges
Stakeholders might challenge MX2017012552 based on:
- Prior art disclosures, including earlier patents, scientific publications, or clinical data.
- Obviousness in light of existing chemical compounds or known synthesis routes.
- Lack of inventive step if the invention is deemed an incremental modification.
The Mexican patent office allows for oppositions and invalidity actions, which could be pursued if grounds exist.
Comparison with International Patent Landscape
The invention’s scope aligns closely with patents granted globally on similar compounds, particularly in jurisdictions like the US (e.g., patent family members), illustrating a strategic global patenting approach.
Recent filings in major markets suggest an intent to secure broad patent protection across key countries, with MX2017012552 serving as a regional extension for Mexico.
Conclusion
MX2017012552's scope appears to encompass a novel chemical entity or formulation with targeted claims designed to secure exclusivity in the Mexican pharmaceutical market. Its claims, if sufficiently broad and supported by inventive step, provide a competitive shield against generic entrants. Nonetheless, ongoing patent landscape analysis and validation of patentability are critical, considering existing prior art and national patent standards.
Key Takeaways
- MX2017012552 likely covers a specific chemical compound, formulation, or manufacturing process protecting innovative aspects of a pharmaceutical invention.
- The patent’s strength hinges on the novelty, inventive step, and claim breadth, making it vital for patent holders to monitor potential prior art and overlapping patents.
- Stakeholders should assess the patent landscape for similar inventions in Mexico and internationally to anticipate legal challenges or opportunities for licensing.
- Active patent management, including potential oppositions or patent term extensions, is advisable for maximizing commercial advantage.
- The strategic value of the patent enhances a company's research portfolio and market exclusivity, but legal vigilance remains essential due to evolving patent laws and competing patents.
FAQs
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What is the main focus of patent MX2017012552?
It covers a novel pharmaceutical compound or formulation, including specific chemical structures or synthesis methods, designed for therapeutic use.
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How does this patent impact generic drug manufacturers in Mexico?
It grants exclusive rights, potentially delaying generic entry unless the patent is challenged or expires, thus impacting market competition.
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Can the claims of MX2017012552 be broadened or narrowed?
While claims are typically fixed at issuance, patent holders can pursue amendments during prosecution or defend against invalidity challenges to maintain their scope.
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What are the common grounds for challenging this patent?
Prior art disclosures demonstrating novelty or obviousness, or lack of inventive step compared to existing chemical compounds or formulations.
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How does this patent relate to international patent strategies?
It likely complements other patents in a global family, aligning with broader R&D efforts to secure patent protection across multiple jurisdictions.
References
[1] Mexican Industrial Property Law — IMPI, available at IMPI Official Website.
[2] WIPO Patent Data — Patent Family and International Filing Trends.
[3] IMPI Patent Database — Official Records on MX2017012552.
[4] Global Patent Landscape Reports on Pharmaceutical Patents, 2021–2022.
