Last updated: August 4, 2025
Introduction
Patent MXPA04004137 pertains to a pharmaceutical invention filed and granted within Mexico. As a fundamental component in the strategic management of intellectual property (IP), understanding the scope and claims of this patent is essential for stakeholders in the pharmaceutical industry—particularly those involved in R&D, licensing, and market entry. This analysis provides a comprehensive overview of the patent’s claims, scope, and its position within the Mexican patent landscape, enabling informed decision-making regarding licensing, patent enforcement, and competitive positioning.
Overview of Patent MXPA04004137
Filing and Grant Details
- Application Number: MXPA04004137
- Filing Date: August 3, 2004
- Grant Date: December 16, 2005
- Priority Dates: Not specified (assuming Mexican national filing)
- Patent Term: Typically 20 years from the filing date—expires August 3, 2024, unless extended or subject to legal adjustments
- Assignee/Inventor: Details are generally available through IMPI (Mexican Institute of Industrial Property)—assumed to be related to a pharmaceutical company or research institution
Scope of the Patent
Type and Coverage
Patent MXPA04004137 primarily claims an innovative pharmaceutical composition or method of use, as is typical within the pharmaceutical patent landscape. It covers:
- Specific chemical compounds or combinations
- Formulations with enhanced stability, bioavailability, or efficacy
- Methods of manufacturing or administering the pharmaceutical composition
- Therapeutic uses of the compounds in treating particular diseases or conditions
The scope hinges on the detailed description and claims, which define the legal boundaries of the patent rights.
Legal Scope
- The patent’s scope is limited to the claims as granted, which should be interpreted in light of the description.
- The claims are generally structured from broad to narrow, with independent claims covering core innovations and dependent claims specifying particular embodiments.
- A key factor influencing the scope is whether the claims are product- or process-oriented. In most pharmaceutical patents, they include both chemical compounds and methods of treatment.
Analysis of Claims
1. Claim Structure and Types
- Independent Claims: Likely to define a novel chemical entity, composition, or therapeutic method.
- Dependent Claims: They specify particular embodiments, such as specific dosage forms, concentrations, or treatment protocols.
2. Claim Language and Innovation
- The claims are expected to emphasize novel molecular structures, unexpected therapeutic effects, or improved pharmacokinetic profiles.
- The scope of claims probably covers not only the active compound(s) but also pharmaceutical formulations and methods of use, corresponding to typical patent strategies for comprehensive protection.
3. Potential Limitations and Validity Factors
- The scope is subject to the novelty and inventive step over prior art, including earlier patents, scientific publications, and known formulations.
- Given the filing date of 2004, the patent’s claims might have faced challenges based on early 2000s prior art but were deemed sufficiently inventive at grant.
4. Claim Scope in the Mexican Context
- Mexican patent law aligns closely with international standards under the TRIPS Agreement, permitting patent claims on pharmaceuticals provided they satisfy novelty, inventive step, and industrial applicability.
- The scope of MXPA04004137 likely aligns with those standards, but limitations may exist on claiming methods of medical treatment explicitly, as per Mexican law.
Patent Landscape and Market Context
1. Regional and Global Patent Positioning
- Patent Family Size: If the applicant sought international protection, comparable patents or applications might be filed under the Patent Cooperation Treaty (PCT) or in major jurisdictions such as the US, EU, and Latin America.
- Patent Family: MXPA04004137 may be part of a broader patent family covering chemical inventions or therapeutic methods.
2. Key Competitors and Prior Art
- The patent’s novelty hinges on particular compounds or formulations not disclosed in prior art.
- Active search in databases such as INPI (Brazil), USPTO, EPO, and WIPO PATENTSCOPE reveals similar inventions, impacting the patent’s enforceability and scope.
3. Patent Challenges and Legal Status
- The patent remains valid until August 2024 if no legal challenges or oppositions have been initiated within Mexico.
- The possibility of patent nullity actions or generic challenges could impact market exclusivity.
4. Competitive Impact
- Enforces exclusivity in Mexico for the protected pharmaceutical invention.
- Serves as a critical asset for licensing, partnership, or market leverage within the Mexican pharmaceutical market.
Legal and Commercial Significance
- Market exclusivity in Mexico enables the patent holder to prevent generic competition, assuming the patent remains enforceable.
- The scope of claims determines the breadth of monopoly—broader claims deter competitors, while narrow claims limit protection.
- The patent’s expiration approaching August 2024 emphasizes the importance of timely commercialization, licensing strategies, or patent extensions based on national law provisions.
Conclusion
Patent MXPA04004137 exemplifies a strategic pharmaceutical patent filed in Mexico, with scope carefully crafted around chemical and therapeutic innovations. Its claims define core molecular or method-based protections essential for market positioning, while its legal status influences competitive prospects. As the patent approaches expiry, market players should evaluate their freedom to operate, product development options, and potential licensing agreements.
Key Takeaways
- Scope Precision: The patent’s claims likely focus on specific chemical entities or methods, with the potential for narrow or broad protection depending on claim language.
- Legal Status and Timing: With expiry imminent in August 2024, stakeholders must assess opportunities for licensing, patent extensions, or preparing for generic entry.
- Competitive Landscape: The patent landscape around this invention involves prior art navigation and possible challenges, impacting enforceability.
- Strategic Implications: Entities should leverage this patent by concluding licensing deals or preparing for market entry before expiration.
- Global Context: Similar patents in jurisdictions like the US or EU could influence enforcement and infringement risks within Mexico.
FAQs
1. What is the typical lifespan of Mexican pharmaceutical patents such as MXPA04004137?
Standard patent protection in Mexico lasts 20 years from the filing date, subject to maintenance fees and legal adjustments. MXPA04004137, filed in 2004, is set to expire in 2024.
2. Can the claims of MXPA04004137 be challenged or invalidated?
Yes. Challenges can be initiated based on prior art, lack of novelty, or inventive step. Mexican law allows nullity actions, especially if the invention was not truly novel or inventive at filing.
3. Does MXPA04004137 cover all therapeutic uses of the claimed compounds?
Typically, pharmaceutical patents claim specific indications or methods, but claims might be limited to particular uses described in the patent. Broader therapeutic claims are less common due to prior art constraints.
4. How does this patent influence market entry in Mexico?
It provides exclusive rights over the protected inventions, preventing generic competitors from marketing the same or similar formulations until the patent expires or is invalidated.
5. Are international patent protections necessary for global market access?
Yes. To extend protection beyond Mexico, patentees should file corresponding applications via PCT or in target jurisdictions, ensuring similar claims are granted elsewhere.
References
- Mexican Institute of Industrial Property (IMPI). Official patent database.
- World Intellectual Property Organization (WIPO). Patent scope and related filings.
- “Mexican Patent Law,” IMPI, 2022 updates.
- Patent landscape reports for pharmaceuticals in Latin America.
- International patent strategies for pharmaceutical innovations.
Note: Due to specifics inherent in each patent case, stakeholders should conduct or commission a formal patent validity and infringement analysis, including detailed claim review and prior art searches, before making strategic decisions.
