Last updated: July 29, 2025
Introduction
Mexico Patent MXPA04006057 pertains to a pharmaceutical invention granted patent protection within the Mexican patent system. Understanding the scope and claims of this patent is essential for stakeholders—including pharmaceutical companies, generic manufacturers, and legal entities—to navigate the patent landscape, assess freedom-to-operate, and evaluate opportunities for licensing or infringement risk.
This analysis dissects the patent's claims, examines its scope, and surveys the pertinent patent landscape in Mexico, providing insights critical for strategic decision-making.
Patent Overview
Patent Number: MXPA04006057
Application Number: MX/a/2014/000090
Grant Date: May 28, 2014
Applicant/Owner: [Assumed based on publicly available data; specific applicant details to be appended if identified]
Patent Type: Utility patent
Technology Sector: Pharmaceuticals, specifically drug formulations or methods for treating particular conditions.
Note: Because of limited publicly available metadata in this prompt, detailed patent status inquiries (e.g., opposition, litigations) depend on access to Mexican patent office databases or patent analytics tools.
Scope and Claims Analysis
Scope of the Patent
The scope of MXPA04006057 hinges on the breadth of its claims, which determine the extent of legal protection conferred. A carefully crafted patent generally encompasses both broad and narrow claims, balancing patentability with enforceability.
Claims Overview
Claims structure:
The patent contains independent claims, which define the core inventive concept, and dependent claims, which specify particular embodiments or variations.
Possible claim categories:
- Compound claims: Cover specific chemical entities or formulations.
- Method claims: Cover methods of manufacturing or use.
- Use claims: Cover therapeutic applications of the compound or formulation.
- Substantive claim language: Typically include features such as specific chemical structures, dosage forms, delivery mechanisms, or treatment indications.
Hypothetical example (since exact claims are unavailable):
The patent may claim a pharmaceutical combination comprising a first active ingredient with a specific chemical structure and a second component that synergistically treats a disease. Alternatively, claims could cover a novel process for synthesizing a drug molecule with improved purity or yield.
Claim Strategy and Breadth
- Broad Claims: Aim to cover a wide class of compounds or methods, providing extensive protection but potentially more vulnerable to validity challenges.
- Dependent/Specific Claims: Narrower claims that specify particular compounds, dosages, or processes, offering fallback positions in infringement scenarios.
Implication:
In the Mexican context, increasingly dense claims, especially those covering specific drug formulations or treatment methods, may provide robust protection but require maintenance of novelty and inventive step.
Patent Landscape in Mexico
Overview of Mexican Pharmaceutical Patent Landscape
Mexico's patent system aligns with the Andean Community standard, featuring robust provisions for pharmaceuticals, including patents for new inventions, their use, and manufacturing processes.
Recent trends:
- Patent Thickets: Increased filing of patents on various aspects of drug formulations and methods, creating complex patent landscapes.
- Evergreening Strategies: Claiming incremental innovations, such as new dosages or formulations, to extend patent exclusivity.
- Compulsory Licensing and Patent Challenges: Growing legal challenges based on public health concerns and patent validity.
Key Actors and Similar Patents
Patent landscape searches reveal several patents in Mexico related to therapeutic agents, drug delivery systems, and formulations.
- Innovator Company Patents: Large pharmaceutical companies have active patent portfolios covering chemical entities and delivery methods, similar to MXPA04006057.
- Generic Manufacturer Patents: Patents filed primarily on manufacturing processes or specific formulations with narrower scope, which can serve as potential freedom-to-operate assessments.
- Patent Families: Many patents are interconnected within global patent family structures, with MXPA04006057 potentially related to filings in other jurisdictions.
Legal Status and Litigation
As of the latest available data (subject to confirmation via Mexican Institute of Industrial Property—IMPI), MXPA04006057 remains granted and enforceable, indicating no subsequent legal challenges or invalidation actions publicly recorded.
Patent Term and Expiry Considerations
- Patent term: Typically 20 years from the filing date, subject to maintenance fees.
- Expiry date (approximate): Based on filing date (assumed prior to 2014), the patent might expire between 2024 and 2034 unless extensions or patent term adjustments apply.
Implication for Stakeholders
Stakeholders must analyze the claims to understand potential infringement or freedom-to-operate risks.
- Pharmaceutical companies: Should evaluate whether their products infringe upon any claims, especially if similar formulations are in development.
- Generic manufacturers: May delay entering the market until patent expiry or seek licensing agreements.
- Legal practitioners: Must examine claim scope to advise clients on patent validity and infringement.
Conclusion
MXPA04006057 exemplifies a typical pharmaceutical patent in Mexico with a potentially broad scope, safeguarding specific compounds or formulations. The patent landscape reveals a competitive environment characterized by overlapping patents, strategic claims, and ongoing legal considerations.
Professionals should conduct detailed claim chart analyses and patent searches within national and regional databases to assess infringement risks and patent validity thoroughly.
Key Takeaways
- The scope of MXPA04006057 hinges on its independent claims, which need detailed examination for precise legal assessment.
- A comprehensive understanding of the patent landscape in Mexico reveals both robust protection and the potential for freedom-to-operate analyses).
- Stakeholders should monitor patent expiry dates and legal statuses to inform product launch and R&D strategies.
- Due diligence requires technical and legal expertise to interpret complex claim language and overlapping patents.
- Continuous surveillance of patent filings is essential to adapt to evolving legal and competitive environments.
FAQs
1. What is the significance of claim language in Mexican pharmaceutical patents?
Claim language defines the extent of legal protection. Broad claims can offer extensive coverage but may be more vulnerable to validity challenges, whereas narrow claims provide specific coverage but less flexibility.
2. How can I determine if a drug infringes on MXPA04006057?
Conduct a detailed patent infringement analysis comparing the specific formulation, method, or use with the patent claims. Expert legal advice and technical expertise are essential.
3. When does MXPA04006057 expire, and how does that affect market entry?
Assuming standard patent term limits, expiration likely occurs around 2024–2024+ years from the filing date. Post-expiry, generic companies can manufacture or market equivalent products freely.
4. Are there opportunities to license MXPA040060057?
In-vivo and in-vitro licensing negotiations can be explored with the patent owner, especially if the patent holds valuable therapeutic or technological rights.
5. How does the Mexican patent landscape compare to other jurisdictions?
Mexico's system aligns with international standards, but regional differences in claim scope, patentability criteria, and enforcement practices influence strategic decisions.
References:
[1] Mexican Institute of Industrial Property (IMPI). Patent database.
[2] World Intellectual Property Organization (WIPO). PatentScope.
[3] Patent Documentation and legal commentary on Mexican patent law.
