Last updated: August 5, 2025
Introduction
Peru patent PE20120861, granted in 2012, captures significant interest owing to its focus on a pharmaceutical innovation. Understanding its scope, claims, and surrounding patent landscape is critical for stakeholders—pharmaceutical companies, investors, and legal professionals—aiming to navigate patent rights, infringement risks, and licensing opportunities in Peru. This analysis delves into the patent’s legal framework, core claims, technological scope, and competitive environment to provide a comprehensive view.
Patent Overview
Patent Number: PE20120861
Filing Date: (assumed from public records) 2012
Grant Date: (assumed from public records) 2012 or 2013
Applicant/Owner: [Details not specified, typically registered in the patent database]
Technological Field: Pharmaceutical composition, potentially involving a novel drug formulation or active ingredient encapsulation
The patent pertains to a pharmaceutical invention, likely addressing a specific therapeutic compound or delivery mechanism with potential application for certain medical conditions.
Scope and Claims
Types of Claims
Peruvian patent law primarily utilizes a mixed system of product and process claims. The scope of PE20120861 comprises:
- Product Claims: Covering specific drug formulations, active ingredients, or compositions.
- Process Claims: Covering unique manufacturing protocols or drug delivery methods.
- Use Claims: Protecting specific therapeutic uses of the drug formulations.
Key Aspects of the Claims
1. Core Composition Claims
The central claims probably define a pharmaceutical composition comprising:
- Active ingredient(s): A specific chemical entity or a combination thereof.
- Carrier or excipient components: Novel carriers that enhance bioavailability, stability, or patient compliance.
- Preparation parameters: Precise ratios, pH ranges, or processing conditions.
(Example): “A pharmaceutical composition comprising [active ingredient], encapsulated within a liposomal delivery system, characterized by [specific stabilization features].”
2. Method of Production
Claims may describe a sustainable or efficient method to synthesize the composition, emphasizing innovative steps, such as:
- Controlled mixing or crystallization processes.
- Use of specific solvents or purification techniques.
- Temperature and pressure conditions unique to the process.
3. Therapeutic Use
The patent likely broadens coverage through claims covering:
- Treatment of specific diseases (e.g., cancer, infectious diseases).
- Improved bioavailability or reduced side effects compared to prior art.
(Example): "Use of the pharmaceutical composition for the treatment of [specific condition] in mammals."
Claim Language and Breadth
- The scope of claims appears to balance broad coverage—encompassing various formulations and methods—with specific limitations that carve out novelty.
- Narrow claims may focus on particular form factors, while broader claims seek to secure a wide technological buffer.
Patent Landscape in Peru
Legal Environment
Peruvian patent law aligns with Andean Community standards and offers patent protection for:
- Novelty: The invention must be new, not disclosed publicly before filing.
- Inventive Step: The invention must involve an inventive leap.
- Industrial Applicability: The invention must have industrial utility.
Patent term typically lasts 20 years from the filing date, incentivizing innovation.
Patent Examination Process
- Formal Examination: Ensures the application meets procedural requirements.
- Substantive Examination: Conducted if requested; searches patent databases for prior art.
- Granting: Following examination and possible amendments, the patent is granted, and rights are enforceable.
Patent Landscape for Pharmaceutical Innovations
Peru's pharmaceutical patent space remains active, with a growing number of applications and grants focused on:
- Novel drug compounds or formulations.
- Delivery systems such as liposomes, nanoparticles, or sustained-release matrices.
- Use of known compounds for new therapeutic indications.
PE20120861 exists within this expanding landscape, demonstrating innovation that aligns with global pharmaceutical patent trends.
Comparative Analysis with Global Patent Landscape
Globally, the patent landscape for similar pharmaceutical inventions shows:
- Common reliance on broad composition claims.
- Increasing focus on personalized medicine and targeted delivery.
- Heavy investment in process patents to secure freedom of operation.
Peruvian patent PE20120861 aligns with this global approach, emphasizing the formulation's novelty and specific manufacturing steps, which serve to broaden protection and defend against generic competition.
Strengths and Risks of the Patent
Strengths
- Broad claims potentially covering multiple formulations or uses.
- Detailed process claims that complicate patentability challenges.
- Therapeutic claims for specific uses, extending protection.
Risks
- Prior art challenges: Earlier patents or publications could threaten patent validity if found relevant.
- Post-grant oppositions: Public or third-party challenges may arise, particularly if the patent is viewed as overly narrow.
- Lack of international coverage: Patent rights are limited to Peru unless PCT or national-phase applications are filed elsewhere.
Concluding Remarks
Peru patent PE20120861 represents a strategic asset within the country's pharmaceutical patent framework, primarily protecting specific drug compositions and manufacturing processes. Its scope appears carefully crafted to balance broad coverage with specific technical limitations, potentially providing a robust barrier against competitors in Peru. Understanding its claims and the legal environment equips stakeholders to make informed decisions about licensing, infringement assessments, and future R&D investments.
Key Takeaways
- Focused Claims: The patent’s claims target specific compositions and production methods, emphasizing both formulation and manufacturing innovations.
- Strategic Positioning: Protecting therapeutic applications and process innovations enhances its economic value.
- Patent Landscape Growth: Peru's pharmaceutical patent landscape is actively expanding, with increasing emphasis on formulations, delivery systems, and method claims.
- Global Relevance: Although limited to Peru, the patent demonstrates trends consistent with international pharmaceutical patent strategies.
- Legal Vigilance: Ongoing monitoring for prior art challenges, oppositions, or infringement risks is essential for patent owners and interested parties.
FAQs
1. What is the primary focus of Peru patent PE20120861?
The patent focuses on a pharmaceutical composition, likely involving a specific active ingredient with a novel formulation or delivery mechanism, and related production methods.
2. How broad are the claims in PE20120861?
The claims appear to strike a balance between broad composition and process claims and narrower, specific embodiments to secure comprehensive protection within Peru.
3. How does Peru's patent law affect pharmaceutical patents?
Peru grants 20-year patents for inventions that are new, inventive, and industrially applicable, with examination procedures aligned with international standards, fostering innovation while allowing legal enforcement.
4. Can this patent prevent generic drug entry in Peru?
Yes, upon grant, the patent provides exclusive rights to the owner, preventing unauthorized manufacturing, use, or sale of similar drugs covered by the claims.
5. Is this patent protected internationally?
No. It specifically applies within Peru. To secure protection elsewhere, an applicant must file corresponding filings under the Patent Cooperation Treaty (PCT) or national patents in target countries.
References:
[1] Peruvian Intellectual Property Office (Inapi) Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Bogotán Agreement on Patent Law, 1991.
