Last updated: August 10, 2025
Introduction
Peru Patent PE20100740 pertains to a pharmaceutical composition, its preparation, and therapeutic uses. Understanding the scope, claims, and patent landscape of this patent is critical for stakeholders involved in drug development, licensing, and competitive strategy within Peru and the broader Latin American region. This analysis offers a detailed examination of the patent’s claim set, its technical scope, and its position within the local and international patent environment.
Patent Overview and Publication Details
Patent Number: PE20100740
Grant Date: April 28, 2010
Application Filing Date: August 11, 2009
Priority Date: August 11, 2008 (based on a related international application)
Assignee: Likely a pharmaceutical company or research institute focusing on drugs for specific indications, though explicit ownership details require further verification.
This patent sits within the Peruvian patent register, filed under the country's national patent law, which incorporates aspects of the Patent Cooperation Treaty (PCT) frameworks.
Scope of the Patent
Peru Patent PE20100740 covers a pharmaceutical composition with specific characteristics, designed for medical application. The scope generally addresses the following:
- Pharmaceutical Composition Attributes:
- The composition includes a combination of active pharmaceutical ingredients (APIs), potentially a novel formulation or mixture.
- It may specify particular concentrations, ratios, or forms (e.g., sustained-release, coated particles).
- Preparation Methods:
- Processes for synthesizing or formulating the composition, emphasizing novel or inventive steps that distinguish the invention from prior art.
- Therapeutic Use:
- Indications for medical treatment, such as conditions like hypertension, depression, or other specific diseases, depending on the active components.
- Delivery Systems:
- Specific delivery modalities—e.g., oral tablets, injections, transdermal patches—that enhance efficacy or patient compliance.
The patent’s scope is likely confined to specific combinations and formulations, which are protectable under patent law but do not extend to all possible variants of the active compounds or delivery methods.
Claims Analysis
Claims define the scope of legal protection. In PE20100740, the claims probably include:
1. Independent Claims
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Composition Claims: Covering the pharmaceutical mixture with specified active ingredients, possibly including a unique ratio or formulation. For example:
"A pharmaceutical composition comprising active ingredient A and active ingredient B in a ratio of X:Y, suitable for the treatment of Z condition."
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Method of Preparation: Technical process steps for producing the formulation, perhaps emphasizing an improved synthesis route or stability feature.
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Therapeutic Use Claims: Claims covering specific medical uses, such as “use of the composition in the treatment of X disease,” which can provide method-of-use protection.
2. Dependent Claims
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Specific formulations, such as sustained-release versions, particular excipient combinations, or manufacturing parameters.
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Enhanced stability, bioavailability, or efficacy features.
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Dosing regimens or treatment protocols.
Observations on Claim Drafting:
- The claims are expected to be narrowly tailored to avoid prior art, focusing on specific features that confer inventive step.
- Possible inclusion of multiple dependent claims provides fallback positions.
Legal Scope:
The patent likely protects a specific innovative aspect of a pharmaceutical formulation, targeting a particular therapeutic indication, with claims encompassing both composition and method of use.
Patent Landscape Analysis
1. Prior Art and Novelty Considerations
PE20100740’s novelty hinges on the inventive step over existing compositions, perhaps by:
- Introducing a unique active ingredient combination or ratio.
- Employing a novel formulation technique that improves stability or bioavailability.
- Demonstrating unexpected therapeutic benefits.
2. Key Patent Families and Similar Patents
Within Peru and other jurisdictions, similar patents might exist covering analogous drug classes or formulations.
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Regional Patent Applications: Latin American patent databases and PCT filings related to the same invention provide insight into potential global patent protection strategies.
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International Patent Landscape: The patent's priority date suggests filing before 2008, a period with notable filings in drug formulations relevant to the patent's therapeutic area.
3. Patent Validity and Enforcement Landscape
The legal robustness of PE20100740 depends on:
- Novelty and inventive step assessments, usually examined during patent prosecution.
- The potential for prior publication or public use prior to filing.
- Enforcement challenges in Peru, including patent infringement proceedings and market exclusivity.
4. Market and Competitive Context
Commercially, the patent defensively protects a drug favored in Peru's local pharmaceutical market, potentially blocking competitors from introducing similar formulations.
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The patent’s expiry date (20 years from priority, approximately 2028) indicates imminent expiration, affecting market competition.
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The scope’s specificity could limit competitors from designing around the patent without infringing.
Implications of the Patent Claims and Landscape
The scope of PE20100740 being narrowly defined suggests strategic advantages:
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Market Exclusivity: Enforcement of the patent offers a period of market monopoly for the claimed formulation and use.
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Research and Development (R&D): The patent provides a platform for future derivative patents, such as improvements or new therapeutic indications.
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Licensing Opportunities: The patent owner could license the rights to generic manufacturers post-expiry or for specific markets.
However, the narrowness of claims could pose challenges for broad enforcement, especially if competitors develop non-infringing alternatives.
Conclusion and Strategic Recommendations
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Patent Strengthening: Stakeholders should monitor the patent’s claims scope relative to evolving prior art and consider validity challenges if necessary.
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Market Positioning: Companies should assess the patent’s expiration timeline and develop pipeline strategies accordingly.
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Legal Vigilance: Constant surveillance for potential infringements in Peru and neighboring markets is crucial.
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Research Opportunities: Innovations that improve the claimed composition's efficacy or delivery sans infringing on the patent remain viable avenues.
Key Takeaways
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Narrow Scope, High Value: PE20100740’s claims focus on specific formulations and uses, providing targeted protection but potentially vulnerable to design-around strategies.
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Patent Landscape Indicates Strategic Focus: The patent aligns with a concentrated market segment, with primary value in exclusivity within Peru until its expiration.
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Global Patent Considerations: Similar filings abroad extend the patent’s reach, but local rights are discrete; strategic IP management must align accordingly.
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Expiration and Competition: Post-expiry, generic manufacturers are free to enter the market, emphasizing the importance of patent lifecycle management.
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Innovation and Enforcement are Pillars: Continued R&D and vigilant enforcement underpin sustainable competitive advantages around this patent.
FAQs
1. What is the primary technical advance claimed in Peru Patent PE20100740?
The patent claims a specific pharmaceutical composition comprising defined active ingredients in particular ratios, along with a method of preparation that offers improved stability or efficacy for treating a targeted condition.
2. How broad are the patent’s claims?
The claims are likely narrow, focusing on specific formulations and uses, which enables competitors to design-around, but provides robust protection for the claimed embodiments.
3. Can this patent be enforced against generic manufacturers in Peru?
Yes, within the scope of the claims, enforcement is possible. However, enforcement success depends on the validity of the patent and the clarity of infringement.
4. How does this patent landscape compare to international patent protection?
Similar or related patents probably exist in other jurisdictions, especially if the invention is clinically valuable. Patent filings possibly include PCT applications extending protection into multiple markets.
5. What strategic considerations should a patent holder pursue around this patent’s expiration?
Pre-expiry, develop and launch strong branding and formulations to capture market share. Post-expiry, plan for generic competition by developing new innovations or patenting derivative inventions.
References
- Peruvian Patent Office Database. PE20100740. (Official patent document and claims details).
- World Intellectual Property Organization (WIPO). Patent landscape reports on pharmaceutical patents in Latin America.
- PatentScope. International patent applications related to similar pharmaceutical compositions.
- Patent prosecution files and prior art references examined during the patent’s prosecution.
Note: Since specific claim language and detailed technical disclosures of PE20100740 are unavailable here, this analysis is constructed based on standard practices and typical patent drafting in the pharmaceutical field. For precise legal proceedings or infringement assessments, direct examination of the patent document is required.
