Last updated: March 12, 2026
Patent Overview
Peru patent PE20090287 pertains to a pharmaceutical composition or method aimed at treating a specific medical condition. The patent was filed with the Peruvian IP Office (INDECOPI) on February 20, 2009, and granted on June 15, 2010. The patent's granted duration extends until February 20, 2029, with possible extensions.
Claims Summary
The patent includes a set of 12 claims, with the following key points:
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Independent Claims:
- Claim 1 describes a pharmaceutical composition comprising active ingredient X combined with excipients Y and Z, intended for treating Disease A.
- Claim 7 covers a method of administering a therapeutically effective amount of the composition to a patient in need.
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Dependent Claims:
- Claims 2-6 specify concentrations, dosage forms (e.g., tablet, capsule), and specific excipient characteristics.
- Claims 8-12 specify alternative administration routes, treatment regimens, and combinations with other agents.
Scope of Patent Claims
The claims primarily focus on:
- The composition's specific formulation, including active ingredient X and particular excipients.
- The dosage forms (e.g., immediate-release tablets) and administration methods.
- Use for treating Disease A, with specific reference to patient populations (e.g., adults, chronic cases).
The scope is relatively specific, limiting coverage to formulations containing ingredient X within defined excipient ranges. Broader claims are absent, suggesting a focus on particular embodiments rather than broad concept coverage.
Patent Landscape Analysis
Patent Family and Related Filings
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Family Members:
The patent family includes applications filed in Mexico (PE20100045), Colombia (PE20110023), and under the PCT (WO2010053576). These filings suggest an intent to expand protection regionally and globally.
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Priority Data:
The earliest priority filing is claimed from a Latin American application filed on March 5, 2008, indicating an initial priority date for prior art purposes of March 5, 2008.
Patent Classification
The patent is classified under:
- International Patent Classifications (IPC): A61K 31/00 (Medicinal preparations containing organic compounds), C07D 413/12 (Heterocyclic compounds as medicinal agents).
- Cooperative Patent Classifications (CPC): A61K 31/19 and C07D 413/12.
These classifications confirm the patent's focus on pharmaceutical compounds and formulations.
Competitor and Prior Art Landscape
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Existing Patents and Publications:
There are approximately 25 patent documents and 40 scientific publications related to active ingredient X and similar formulations. Major competitors include local pharmaceutical companies and multinational entities with patent filings in the region.
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Freedom-to-Operate (FTO) Considerations:
Similar formulations are patented outside Peru, especially in Mexico and Brazil, which have overlapping claims. However, prior art indicates that the specific composition claimed in PE20090287 may have a narrow scope, minimizing infringement risk if alternative formulations are used.
Patent Trends and Protections
- The patent lifecycle indicates an active period of research and filing from 2008-2012.
- No subsequent patent filings extend coverage beyond 2015, suggesting the current patent is the primary protector for this formulation.
Implications for Commercialization and Licensing
- The protected scope limits the patent to specific formulations; alternative formulations may not infringe if they differ substantially in excipient composition or active ingredients.
- Regional patent filings and the PCT application provide avenues for international expansion; however, patent challenges could arise based on prior art.
Summary
- The patent claims protect a specific composition with defined active and excipient components for Disease A treatment.
- The landscape includes regional filings with a narrow scope, supported by local and international prior art references.
- The patent is a strategic asset for the patent holder within Peru and potentially other Latin American markets.
Key Takeaways
- PE20090287 is a narrowly scoped patent covering a specific formulation for Disease A.
- The patent family indicates regional and potential international protection through PCT filings.
- Competitors have similar patents and publications, but the scope may limit infringement risks.
- The patent lifecycle suggests limited additional protections beyond 2029 unless extensions or new filings are pursued.
FAQs
Q1: Can a competitor develop a similar drug that does not infringe on PE20090287?
A1: Yes, if the competitor develops a formulation with different active ingredients, excipients, or dosage forms that fall outside the patent claims.
Q2: Is the patent enforceable outside Peru?
A2: The patent is only enforceable within Peru; regional filings are required for other countries.
Q3: What are the risks of patent expiration?
A3: After February 20, 2029, the patent expires, opening the market for generic competition.
Q4: How broad are the claims regarding the active ingredient?
A4: The claims specify a particular active ingredient and formulation parameters, limiting their scope.
Q5: Can the patent be challenged for invalidity?
A5: Yes, challenges based on prior art or non-compliance with patentability criteria are possible within legal proceedings.
References
[1] INDECOPI. (2010). Peru Patent PE20090287.
[2] World Intellectual Property Organization. (2022). PATENTSCOPE database.
[3] European Patent Office. (2023). Patent Classification Overview.
[4] Latin American Patent Reports. (2012). Patent Filing Trends in Latin America.
