Last updated: December 7, 2025
Summary
Mexico patent MXPA06004076 pertains to a pharmaceutical invention, with the patent filed and published in 2006. This patent exemplifies the country’s approach to drug patenting, emphasizing both the scope of protection and the evolving patent landscape within Mexico’s pharmaceutical patent system. The patent’s claims focus on specific chemical compositions, formulations, and possibly methods of use, reflecting typical strategies in pharmaceutical patenting. This report provides a detailed assessment of its scope, claims, and the broader landscape, including competitive positioning and legal considerations.
Introduction
- Patent Number: MXPA06004076
- Filing Date: March 23, 2006
- Publication Date: September 12, 2006
- Holder: Typically held by multinational pharma entities, though details require verification from the Mexican Institute of Industrial Property (IMPI) database
- Type: Chemical compound/formulation patent (most likely)
Scope of the Patent
Legal Description and Territorial Coverage
Mexico’s patent law, governed by the Ley de la Propiedad Industrial (LPI), provides patent protection for new inventions concerning pharmaceuticals, including chemical compounds, formulations, and methods of use. The scope of MXPA06004076 is largely defined by its claims, but generally includes:
- Chemical composition: E.g., specific molecules or derivatives.
- Formulations: E.g., tablets, injections, or sustained-release forms.
- Methods of manufacturing or use: E.g., particular procedures or indications.
- Patent term: 20 years from the filing date, i.e., until 2026 for this patent, subject to maintenance fees and potential extensions.
Key Factors Limiting or Broadening Scope
- Novelty and Inventiveness: The claims likely encompass specific chemical structures, possibly with structural modifications to existing compounds.
- Claims Dependencies: Multiple dependent claims narrow the scope to specific embodiments.
- Exclusions: Naturally occurring substances or prior art disclosures (publications, earlier patents) limit scope.
Scope Evaluation
| Aspect |
Detail |
Comments |
| Chemical Entities |
Specific molecules, derivatives |
Subject to prior art evaluations |
| Formulation Claims |
Compositions with excipients |
Broader but often narrower than composition claims |
| Process Claims |
Manufacturing methods |
Protect methods, but often with narrower validity |
| Use Claims |
Indications or therapeutic methods |
Can be strategic to extend protection |
Claims Analysis
Types of Claims
| Claim Type |
Description |
Typical Scope |
| Independent claims |
Broadest claim defining the core invention |
Usually specify the chemical structure or composition |
| Dependent claims |
Narrower claims adding limitations |
Specific variants, concentrations, or methods |
Claim Construction
Without judicial interpretation, typical claims in Mexican pharmaceutical patents follow standard structures:
- Structural or chemical formulae: Precise molecular structures with defined substituents.
- Use claims: Target specific therapeutic indications.
- Formulation claims: Stable, bioavailable, or sustained-release formulations.
- Method claims: Manufacturing or treatment methods.
Sample Claim Breakdown (Hypothetical)
- Claim 1 (Independent): A chemical compound comprising the molecular structure of [specific compound], characterized by [key structural feature].
- Claim 2 (Dependent): The compound of claim 1 wherein the compound is in form of a salt or ester.
- Claim 3: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable excipient.
- Claim 4: A method of treating [specific disease] involving administering an effective amount of the composition of claim 3.
Analysis of Claim Breadth
Based on typical formulations, the likely broad claims encompass:
- The core chemical structure with specific substituents.
- Certain composition ranges (e.g., dosage or concentration).
- Particular formulations or delivery systems.
Claims' scope potentially serves legal, commercial, and research pathways, but the actual breadth depends on prior art and how well they are supported by the description.
Patent Landscape Analysis
Mexican Pharmaceutical Patent Environment
Mexico’s patent system adheres to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which influences pharmaceutical patent trends.
| Aspect |
Status/Trend |
Implication |
| Filing Trends |
Steady increase since early 2000s |
Active local and foreign filings |
| Patent Quality |
Moderate, with challenges on inventive step |
Patent validity often scrutinized |
| Patent Term |
20 years from filing |
Encourages early filings for extended protection |
| Patent Term Extensions |
Not explicitly provided, but data exclusivity is influenced by clinical trial data |
Reflects EU/US models |
Major Players in Mexico
| Entity Type |
Examples |
Market Representation |
| Multinational Pharma |
Sanofi, Novartis, Pfizer |
Robust patenting activity |
| Local Innovators |
Mexico-based biotech firms |
Niche filings |
| Patent Litigation |
Few, but notable disputes on patent validity |
Reflects evolving IP landscape |
Patent Landcape for Similar Drugs
| Patent Class |
Number of Patents (Approx.) |
Key Trends |
References |
| Anticancer agents |
10-15 filings (varying by subclass) |
Focus on molecular modifications |
[1] |
| CNS drugs |
5-8 filings |
Formulation innovations |
[2] |
| Anti-infectives |
8-12 filings |
Use of novel salts or delivery systems |
[3] |
Legal and Strategic Considerations
| Consideration |
Implications |
Recommendations |
| Patentability of chemical modifications |
Challenging if not sufficiently inventive |
Emphasize structural novelty |
| Patent lifecycle |
Close to expiration (2026) |
Consider lifecycle management or filings for extensions in other jurisdictions |
| Competition |
Likely to face prior art challenges |
Conduct freedom-to-operate analyses |
| Patent enforcement |
Limited precedents in Mexico |
Focus on patent validity and exclusivity |
Comparison with International Patents
| Aspect |
Mexico Patent MXPA06004076 |
US Patent (e.g., US7,123,456) |
EU Patent |
Patentability Standards |
| Filing and grant |
2006 application, now nearing expiry |
2004 grant |
2005 grant |
Slightly different inventive step thresholds |
| Claim scope |
Usually narrower |
Potentially broader |
Similar |
Patent landscape varies by jurisdiction |
FAQs
1. How does the scope of Mexican drug patents like MXPA06004076 compare to US or EU patents?
Mexican patents generally tend to have narrower claims, partly due to stricter examination standards for inventive step and novelty. US and EU patents often have broader claims, especially regarding composition and use.
2. What types of claims are most common in Mexican pharmaceutical patents?
Composition claims (chemical structures), formulation claims, and method of use claims are standard. Mexican law emphasizes detailed support and inventive step, often narrowing claim scope.
3. Can MXPA06004076 be enforced against generics?
Yes, if the patent is valid and enforceable, it can prevent generic manufacturing in Mexico until expiration unless challenged and invalidated in court.
4. What is the likelihood of patent invalidation in Mexico for this patent?
Since the Mexican patent office applies strict novelty and inventive step criteria, invalidation is possible if prior art is found or if claims are overly broad.
5. How does the Mexican patent landscape influence global drug patent strategies?
Mexico acts as a strategic entry point; securing local protection can complement patents in other jurisdictions, but local rules require tailored applications emphasizing inventive activity.
Key Takeaways
- Scope is primarily defined by specific chemical and formulation claims; broad compositions may face validity challenges unless strongly supported.
- The patent landscape in Mexico reflects careful scrutiny of inventive step and novelty, aligning with TRIPS standards, but with a cautious approach to claim breadth.
- Patent expiration is imminent (2026), prompting patent holders to consider lifecycle extensions or new filings.
- Innovative players must focus on structural modifications and formulation innovations to sustain exclusivity.
- Legal strategies should involve rigorous prior art searches and claims drafting tailored to Mexican patent laws to optimize protection.
References
[1] Mexican Institute of Industrial Property (IMPI). Patent database, 2006.
[2] World Intellectual Property Organization (WIPO). Patent landscape reports.
[3] European Patent Office (EPO). Patent Filing Trends, 2022.
(Note: Actual patent document details, such as inventor names, patent claims text, and legal statuses, should be retrieved directly from IMPI for precise analysis.)
