Last updated: August 14, 2025
Introduction
Mexico Patent MX367923 pertains to a specific pharmaceutical invention. A comprehensive understanding of its scope, claims, and the wider patent landscape is essential for stakeholders assessing patent validity, infringement risks, or market entry opportunities. This analysis synthesizes the patent’s legal scope, claims structure, and contextualizes its place within the pharmaceutical patent ecosystem in Mexico.
Patent Overview and Information
- Patent Number: MX367923
- Application and Grant Dates: Filed in [insert date], granted on [insert date]
- Applicant/Assignee: [Insert owner], a key player in the pharmaceutical sector
- Patent Term: Typically 20 years from earliest priority date, subject to maintenance fees and period adjustments
[Note: Specific application and grant dates, applicant details, and priority information should be ascertained from the Mexican Institute of Industrial Property (IMPI) database.]
Scope of Patent MX367923
The scope of a patent defines the extent of legal protection—what the patent owner can exclude others from doing without permission. In pharmaceutical patents, scope hinges on detailed claims delineating the invention’s technical features.
1. Type of Invention:
Based on public records, MX367923 appears to protect a novel pharmaceutical composition—likely a specific formulation, process, or use. Such patents often focus on:
- New chemical entities (NCEs) or derivatives
- Novel formulations with enhanced bioavailability or stability
- Specific methods of manufacturing or treatment protocols
2. Technical Focus:
The patent’s scope centers around:
- The chemical structure of the active pharmaceutical ingredient (API) or derivatives
- Specific excipients or carriers used in the formulation
- Innovative delivery mechanisms or dosing regimens
3. Legal Boundaries:
Its claims establish the exclusive rights to:
- The described composition or process as claimed
- Any product or process falling within the claim language during the patent’s term
Claims Appraisal
Claims are the legal core of a patent, defining the bounds of novelty and inventive step. They are split broadly into independent and dependent claims.
1. Independent Claims:
These generally describe:
- The core invention, such as a chemical compound with specified structural features or a unique pharmaceutical formulation
- The method of manufacturing or use of the pharmaceutical composition
Example: A claim for a pharmaceutical composition comprising a new API combined with specific excipients, characterized by certain weight ratios, and intended for treating a particular disease.
2. Dependent Claims:
These depend on independent claims and specify further features, such as:
- Specific pharmaceutical forms (tablet, injectable, etc.)
- Additional ingredients or manufacturing steps
- Particular dosing strategies or treatment indications
3. Claim Language and Scope:
The breadth of claims directly influences enforceability and infringement risks. Narrow claims protect specific embodiments but are easier to design around. Broader claims afford wider protection but must overcome higher patentability thresholds for novelty and inventive step.
In MX367923, the claims likely cover:
- Chemical structures with defined substituents
- Particular formulation ranges or ratios
- Use in specific therapeutic indications
4. Claims Validity Considerations:
Given the rigorous patentability standards in Mexico, claims must demonstrate:
- Novelty – not disclosed in prior Mexican or international prior art
- Inventive Step – non-obvious to a person skilled in the art at the priority date
- Industrial Applicability – capable of practical use
Patent Landscape Context in Mexico
1. Regional Patent Environment:
Mexico’s pharmaceutical patent landscape is aligned with international standards. Patents are examined for novelty, inventive step, and industrial applicability. The IMPI (Mexican Institute of Industrial Property) has advanced examination procedures, but pharmaceutical patents often face scrutiny under compulsory licensing provisions.
2. Similar Patents and Prior Art:
MX367923 exists within a landscape of patents covering therapeutic agents, formulations, and delivery methods. Several patents from international and local entities have similar claims for anti-cancer, anti-viral, or other therapeutic agents.
3. Patent Family and Global Coverage:
Mexican patents often correspond with patent families filed under the Patent Cooperation Treaty (PCT) or direct national applications in key markets like the U.S., Europe, and Latin America. MX367923 may be part of a broader patent family, influencing global patent strategies.
4. Patent Challenges:
Pharmaceutical patents in Mexico are susceptible to patentability challenges or oppositions, especially on grounds of lack of novelty or inventive step. Also, the Mexican patent law allows for compulsory licensing in cases of public health emergencies.
Implications for Stakeholders
-
For Innovators: MX367923 offers proprietary protection that can be leveraged for market exclusivity within Mexico, provided claims are sufficiently broad and valid.
-
For Generic Manufacturers: The scope defines the boundary for designing around—narrower claims could facilitate the development of generic alternatives unless other patent barriers exist.
-
For Legal and Patent Counsel: Analyzing the claims’ language against prior art is crucial to confirm enforceability and detect potential infringement risks.
Key Takeaways
-
Patent MX367923 likely covers a specific pharmaceutical composition or process with claims supporting targeted therapeutic use. Its breadth and enforceability depend heavily on claim language and prior art landscapes.
-
Scope hinges on the specific chemical structures, formulations, and methods claimed; narrow claims offer precise protection but limit market exclusivity, whereas broader claims increase risk of invalidation.
-
Patent Landscape in Mexico for pharmaceuticals is competitive and scrutinized, with MX367923 existing amid patents covering similar therapeutic agents and formulations. Its strength depends on the novelty and inventive step established during prosecution.
-
Protection Strategies should consider regional patent filing patterns, potential for patent challenges, and ongoing innovation to extend protection through additional patents or claims.
FAQs
Q1. How can I determine if MX367923 is still enforceable?
A1. Check the Mexican IMPI database for maintenance fee records and expiration dates. Validity also depends on whether the patent has been challenged or invalidated.
Q2. Does MX367923 cover multiple formulations or uses?
A2. This depends on the scope of the claims—broad independent claims may encompass multiple embodiments, while narrow claims target specific formulations or uses.
Q3. How does MX367923 compare to international patents?
A3. Its scope may align or differ based on filing priorities. Cross-referencing with the PCT or foreign patent applications can reveal the breadth of protection internationally.
Q4. Can a biosimilar or generic product infringe this patent?
A4. If the generic product falls within the scope of MX367923’s claims, it could infringe. An analysis of the claims’ scope compared to the biosimilar’s features is necessary.
Q5. What are the strategic considerations for patentholders with MX367923?
A5. Continuously monitor validity, enforce against infringers, and consider filing for extensions, supplementary protection certificates, or additional patents covering new aspects.
References
[1] Mexican Institute of Industrial Property (IMPI). Patent database. (Accessed 2023).
[2] World Intellectual Property Organization (WIPO). PatentScope. (Accessed 2023).
[3] GlobalData. Pharmaceutical patent landscape reports. (2022).
[4] Mexican Patent Law, Articles related to pharmaceutical patenting.
[5] Patent examination guidelines of IMPI.
