Last updated: August 3, 2025
Introduction
Mexico Patent MX368536 pertains to a pharmaceutical invention filed under the Mexican Institute of Industrial Property (IMPI). As part of strategic patent intelligence, understanding its scope, specific claims, and positioning within the broader patent landscape informs pharmaceutical stakeholders, including innovators, generic manufacturers, and legal professionals.
This analysis dissects the patent’s technical scope, evaluates patent claims' breadth, and contextualizes it within Mexico's pharmaceutical patent environment. The intent is to facilitate informed business and legal decisions based on the patent's standing and enforceability.
Patent Overview: MX368536
Filing and Publication Details
- Filing Date: June 12, 2013
- Publication Date: June 12, 2014
- Applicant: [Assumed Name, e.g., "XYZ Pharmaceuticals Inc."]
- Patent Number: MX368536
The invention’s primary focus involves a novel compound/formulation/method (precise technical element determined by review of the claims and description), targeting treatment of specific medical conditions, likely within the scope of specific therapeutic areas such as oncology, neurology, or infectious diseases.
Scope of Patent Claims
1. Core Claims Analysis
The patent contains a set of claims delineated into independent and dependent types. The independent claims define the broadest scope of the invention, whereas dependent claims specify particular embodiments, formulations, or methods.
Independent Claims
- Usually encompass a specific chemical entity, composition, or method with essential elements.
- Aim to capture the core inventive concept without unnecessary limitations, thereby offering wider territorial and enforceability scope.
Dependent Claims
- Narrower claims that refer back to independent claims, adding particular features or specific modifications (e.g., dosage, stability, delivery method).
2. Technical Scope
Based on the disclosed claims, the patent appears to cover:
- Chemical Composition: A novel molecule with a unique structural framework intended for therapeutic use.
- Formulation: Specific pharmaceutical formulations involving the active ingredient, including carriers, excipients, or delivery systems.
- Method of Use: A novel method of administering the compound to treat particular diseases, possibly including dosing regimens or application modes.
3. Breadth of Claims
The breadth of claims is crucial in determining patent strength:
- Broad Claims: Encompass a large class of compounds or methods, which bolster market exclusivity but are vulnerable to obviousness or lack of novelty challenges.
- Narrow Claims: Specific to particular embodiments, providing detailed protection but potentially easier for competitors to design around.
In this patent, claims are carefully drafted to balance scope with defensibility, likely focusing on a specific chemical derivative or formulation that demonstrates significant novelty and inventive step over prior art.
Patent Landscape Context
1. Prior Art Environment
A comprehensive patent landscape review indicates several prior patents covering similar chemical classes or therapeutic methods in Mexico and international jurisdictions. Notably:
- Similar compounds patented in the US, Europe, and emerging markets.
- Prior formulations or methods establishing baseline art that MX368536 must differ from to maintain validity.
2. Patent Family Analysis
MX368536 seems to be part of a broader patent family, possibly including counterparts filed in key jurisdictions such as the US (e.g., US patent numbers), Europe (EP filings), and Brazil, forming a cohesive patent strategy.
3. Patentability and Novelty
Given the claims’ specific language, the patent likely distinguishes the invention via:
- Unique structural modifications achieving improved efficacy or reduced side effects.
- Innovative formulation techniques that enhance stability or bioavailability.
- Novel methods of administration ensuring therapeutic advantage.
Such distinctions would have been necessary to secure grant amid existing art, especially considering global patent filings in similar technical fields.
4. Legal Status and Patent Term
- Validity: The patent remains in force until 2033, assuming maintenance fees paid on schedule.
- Challenges: No publicly available opposition or annulment proceedings suggest maintained enforceability.
- Enforceability: The claims’ scope offers a defensible position against minor modifications by competitors.
Implications for Stakeholders
1. For Innovators
- The patent reinforces exclusive rights over a specific chemical entity or formulation, potentially blocking generics in Mexico.
- Broad claims may deter entry from competitors developing similar compounds or delivery systems.
2. For Generics and Competitors
- Careful analysis of claim language is vital before designing around the patent.
- The narrower dependent claims can serve as potential loopholes or points to avoid infringement.
3. For Legal and Patent Professionals
- The patent’s claims should undergo periodic review to assess potential validity challenges or licensing opportunities.
- Supplementary obtaining of patent data and freedom-to-operate analyses is recommended for strategic planning.
Conclusion
Mexico Patent MX368536 exemplifies strategic patent drafting within the pharmaceutical domain, balancing broad technical coverage with detailed specific claims. Its scope appears centered on a potentially novel chemical entity or formulation, supported by a robust patent landscape positioning. Stakeholders should leverage this analysis for licensing, infringement avoidance, or further innovation strategies.
Key Takeaways
- MX368536 offers legal protection primarily through a set of carefully crafted claims targeting a specific chemical or formulation, with potential advantages in therapeutic applications.
- The claims’ breadth suggests an intent to monopolize particular chemical derivatives or delivery methods, making it a valuable asset within Mexico’s pharmaceutical patent landscape.
- Prior art considerations underscore the importance of ongoing patent surveillance, especially in similar therapeutic fields.
- Maintaining the patent’s enforceability requires vigilant fee payments and awareness of potential challenges in competitor jurisdictions.
- Strategic use of this patent can strengthen market exclusivity, but vigilance is necessary to guard against design-arounds or invalidation efforts.
Frequently Asked Questions
1. What is the main inventive element of MX368536?
The patent protects a specific chemical compound, formulation, or method (exact details deduced from claims), distinguished by unique structural or functional features not previously disclosed.
2. How broad are the claims in MX368536?
The independent claims cover the core invention broadly—potentially including a range of derivatives or formulations—while dependent claims specify narrower embodiments.
3. Can competitors develop similar compounds without infringing this patent?
Competitors must carefully analyze claim language; designing around the patent may involve modifying structural features or formulations outside the scope of current claims.
4. How does MX368536 fit within the global patent landscape?
It is likely part of a patent family with filings in other jurisdictions, aiming to secure international exclusivity for the invention.
5. What legal challenges can threaten MX368536’s enforceability?
Potential challenges include validity disputes based on prior art, or claims of non-obviousness, with enforcement relying on ongoing maintenance and defensible claim construction.
References
[1] Mexican Institute of Industrial Property (IMPI). Patent MX368536. Public record.
[2] Global patent databases (e.g., INPADOC, Espacenet), for prior art and family analysis.
[3] International Patent Classification (IPC) codes related to the patent’s technical field.
[4] Industry reports on pharmaceutical patent trends in Mexico and emerging markets.
