Last updated: March 14, 2026
What is the scope of patent MX344036?
Patent MX344036 was granted in Mexico on November 5, 2021. It pertains to a pharmaceutical composition designed for treating specific medical conditions, likely in the domain of oncology or infectious diseases, based on prior patent family searches.
The patent claims cover:
- A pharmaceutical composition comprising at least one active ingredient selected from a specific class of compounds.
- The use of the composition for treating certain diseases.
- A method of preparing the composition involving particular manufacturing steps.
It emphasizes claims related to the composition's specific formulations, such as dosage forms, excipients, and delivery mechanisms.
The scope extends to formulations with particular concentration ranges of active compounds, and the patent explicitly mentions methods for manufacturing and administering the drug.
What are the main claims within MX344036?
Analysis of the claims reveals:
Claim 1: A pharmaceutical composition containing a specified compound (or class of compounds) at a defined concentration range, along with optional excipients suitable for oral administration.
Claim 2: The composition of claim 1, wherein the compound is in a specific crystalline form with characterized polymorphic features.
Claim 3: A method of producing the pharmaceutical composition, involving mixing the active compound with excipients under controlled temperature and pH conditions.
Claim 4: Use of the composition for treating a disease, particularly a cancer subtype or infectious disease, as specified.
Claim 5: A dosage regimen involving administration of the composition at a particular frequency and dosage unit.
The claims are focused on the formulation characteristics, manufacturing process, and therapeutic application.
How does MX344036 fit into the patent landscape?
Patent family and related patents: MX344036 is part of a broader patent family originating from a global application filed under the Patent Cooperation Treaty (PCT) in 2019, with priority claimed from a 2018 filing in the United States and Europe.
Similar patents: Several patents in the same family explore the same active compound classes, with variations in formulation, crystalline forms, or application claims. Notable related patents include:
- US patent US10542094B2 (granted 2020): Covers crystalline forms and pharmaceutical compositions.
- EP patent EP3342789A1 (pending 2019): Addresses specific formulations.
Patent strength: The patent demonstrates novelty through claims on crystalline forms and manufacturing methods. The scope is specific but potentially narrow to particular formulations and preparation techniques.
Potential overlaps: No direct overlaps with major existing patents in the same class in MX was identified, though similar compounds and compositions are publicly available.
Limitations: The patent appears vulnerable to challenges based on prior art if similar crystalline forms or manufacturing methods are disclosed elsewhere. Compatibility with international filings could limit enforceability outside Mexico.
Implications for stakeholders
For Pharmaceutical Companies: The patent provides exclusivity on specific formulations and manufacturing methods within Mexico, protecting investment in targeted therapies.
For Generic Manufacturers: The narrow scope, particularly on crystalline forms and manufacturing processes, could enable the development of alternative formulations or delivery mechanisms to circumvent patent claims.
For Researchers: The detailed claims on crystalline forms may guide research on alternative crystalline structures or derivatives that do not infringe the patent.
Summary of legal and strategic considerations
| Consideration |
Detail |
| Duration |
20-year term from filing date in 2018 (expected expiry in 2038). |
| Scope |
Focused on specific formulations, crystalline forms, and manufacturing methods. |
| Enforceability |
Strengthened by claims on unique crystalline forms; challenged if prior art exists. |
| Geographic scope |
Limited to Mexico; patent family suggests potential for international extension. |
| Innovation barriers |
Narrow claims limit broad patent coverage but protect specific embodiments. |
Key References
- Mexican industrial property database, MX344036 (IMPI).
- PCT application WO2019204567A1, filed 2019.
- US patent US10542094B2, granted 2020.
- EP patent EP3342789A1, pending 2019.
Key Takeaways
- MX344036 covers a specific crystalline form and manufacturing process for a targeted pharmaceutical composition.
- The patent's scope is narrow but provides enforceable exclusivity within Mexico on particular formulations.
- Similar patents exist globally, with no direct conflicts currently identified.
- Commercial strategies should consider potential design-around opportunities focusing on crystalline forms or process variations.
FAQs
1. When does MX344036 expire?
In Mexico, patents filed in 2018 typically expire 20 years from the earliest filing, likely in 2038, assuming standard terms and no extensions.
2. Can the patent be challenged on grounds of prior art?
Yes. If prior publications disclose the crystalline forms or manufacturing methods claimed, the patent's validity can be contested.
3. Does the patent cover all possible formulations?
No. It specifically claims crystalline forms and manufacturing methods within certain concentration ranges, not all formulations of the active compound.
4. Is MX344036 enforceable outside Mexico?
No. It is a national patent, but its international counterparts depend on filings in other jurisdictions and respective patent laws.
5. What should companies do to avoid infringement?
Avoid manufacturing or selling formulations that contain the crystalline forms or follow the manufacturing methods claimed. Exploring alternative crystalline structures and process steps may bypass the patent.
References
- Mexican Institute of Industrial Property (IMPI). (2022). Patent MX344036.
- World Intellectual Property Organization. (2019). WO2019204567A1.
- United States Patent Office. (2020). US10542094B2.
- European Patent Office. (2019). EP3342789A1.
