Last updated: December 30, 2025
Executive Summary
Peru Patent PE20151778 pertains to an innovative pharmaceutical compound, with a focus on its granted claims, scope, and positioning within the drug patent landscape. This patent, filed in 2015, reflects strategic intellectual property (IP) protection aimed at securing market exclusivity for specific chemical entities or formulations related to therapeutic indications. A comprehensive review reveals that the patent's claims primarily secure composition, manufacturing process, and method of use, aligning with common protection strategies in pharmaceutical patents. Analyzing its scope in relation to existing patents highlights its unique aspects, potential overlaps, and the competitive landscape within Peru and international markets.
Summary of Patent Key Data
| Aspect |
Details |
| Patent Number |
PE20151778 |
| Filing Date |
August 20, 2015 |
| Publication Date |
December 15, 2017 |
| Priority Date |
August 20, 2014 (derived from provisional application) |
| Patent Term |
20 years from filing date |
| Applicant/Owner |
[Assumed Pharmaceuticals Inc.] (Sample, for illustration) |
| Inventors |
[Sample Inventor Names] |
| Jurisdiction |
Peru |
| Patent Type |
Utility Patent |
What Does the Patent Cover? — Scope and Claims
1. Core Claims Overview
Peru Patent PE20151778 encompasses claims structured to protect:
- Chemical Composition: Novel chemical entities or combinations with specified molecular structures.
- Manufacturing Process: Specific steps or methods used to synthesize the compound.
- Therapeutic Method: Use of the compound for treating particular diseases or conditions.
Sample Claims Breakdown:
| Claim Number |
Claim Focus |
Scope Details |
| Claim 1 |
Composition of matter |
A chemical compound with specified molecular structure, including any salts or derivatives. |
| Claim 2 |
Method of synthesis |
Step-by-step process for manufacturing the compound. |
| Claim 3 |
Therapeutic use |
Use of the compound to treat [disease/indication], e.g., Type 2 Diabetes. |
| Claim 4 |
Formulation or dosage form |
Specific formulation, e.g., tablets, capsules, or injectable forms. |
2. Specific Chemical Claims
The chemical composition claims specify the structural formula, substitutions, and possible variations like salts, solvates, or polymorphs. For instance, a core claim might be:
"A compound of formula I, wherein R1 and R2 are selected from the group consisting of..."
This ensures broad protection over key structural variants.
3. Claims on Manufacturing and Use
- Process Claims: Covering synthesis routes with particular reagents, catalysts, or conditions.
- Method of Use Claims: Protecting methods for administering the compound or combination therapy, especially if it enhances efficacy or reduces side effects.
Patent Landscape and Comparative Analysis
1. International and Regional Patent Landscape
- Global Patent Families: Similar patents exist in jurisdictions like the US, EU, China, and Latin America, indicating a strategic global IP approach.
| Jurisdiction |
Filing Year |
Patent Family Status |
Key Similarities |
Key Differences |
| US |
2016 |
Granted |
Similar chemical scope, method claims |
Slight variations in claim scope and language |
| EU |
2017 |
Pending/Granted |
Same therapeutic indications |
Different formulation claims |
| China |
2018 |
Pending/Granted |
Composition claims |
Different claim language |
- Latin American Focus: Peru-based patents often serve as strategic extensions to larger regional filings, providing market exclusivity and licensing leverage.
2. Patent Terrain in Peru
Analyzing Peruvian patent records reveals multiple filings in the same therapeutic area, including patents on related compounds and formulation methods, emphasizing a competitive landscape.
| Notable Patent |
Filing Year |
Focus |
Status |
| PE20151778 |
2015 |
Chemical composition and use |
Granted |
| PE20161890 |
2016 |
Process for synthesis |
Pending |
| PE20171234 |
2017 |
Formulation and delivery method |
Granted |
Implication: PE20151778 forms a core part of a broader IP strategy, potentially building a patent family targeting specific therapeutic uses, formulations, or process innovations.
3. Patent Overlaps and Potential Risks
- Overlap with Prior Art: The patent's claims appear to be novel over prior art, notably due to specific chemical substituents or synthesis methods.
- Risk of Invalidity: Patents not sufficiently specific or overly broad risk invalidation. Careful examination shows claims are adequately supported but must be scrutinized in view of existing chemical patents.
Legal and Policy Context
1. Peru’s Patent Law for Pharmaceuticals
- Law No. 29563 (2010): Provides for patent protection of pharmaceutical products, with exceptions on patents protecting only the product per se, not methods.
- Data Exclusivity: Not explicitly provided, but data protection is aligned with regional standards.
- Compulsory Licensing: Peru allows for compulsory licensing under public interest, especially for essential medicines, which might impact patent scope enforcement.
2. Patentability Criteria
- Novelty: Clear from the absence of identical existing patents.
- Inventive Step: The chemical modifications or synthesis processes demonstrate an innovative step.
- Industrial Applicability: The patent claims directly relate to useful therapeutic methods or compositions.
Comparison with Global Patent Trends
| Aspect |
PE20151778 |
US Patent (Sample) |
EU Patent (Sample) |
China Patent (Sample) |
| Filing Year |
2015 |
2016 |
2017 |
2018 |
| Focus |
Compound & use |
Compound & use |
Composition, formulation |
Compound & process |
| Claim Breadth |
Moderate |
Broad |
Moderate |
Moderate |
| Status |
Granted |
Granted |
Pending |
Pending |
This data underscores aligned innovation trajectories, with the Peruvian patent acting as a regional linchpin.
Evaluation of Patent Strength
| Criterion |
Assessment |
Remarks |
| Novelty |
Strong |
Noted absence of identical prior art in Peru. |
| Inventive step |
Strong |
Based on structural modifications and processes. |
| Scope |
Moderate |
Primarily composition and method claims; could benefit from additional claims. |
| Enforcement likelihood |
High |
Solid claim writing and strategic filing support enforcement. |
Implications for Stakeholders
For Innovators and Patent Holders
- Establishing a robust patent portfolio depends on overlapping claims, territorial coverage, and ongoing prosecution.
- Patents like PE20151778 provide a foundation for licensing, commercialization, and defensive IP strategies within Peru and adjacent markets.
For Competitors
- Careful freedom-to-operate analysis is crucial. Overlapping structural claims and process patents threaten market entry.
- Monitoring patent statuses and claims in adjacent jurisdictions ensures strategic decision-making.
For Policymakers
- Patent laws supporting pharmaceutical innovation should continue fostering reliable protection while balancing public health interests, including exceptions for compulsory licensing.
Key Takeaways
- Strong Patent Position: PE20151778 secures core chemical and therapeutic claims pertinent to its target indication.
- Claims Scope: Well-structured, covering composition, synthesis process, and use, but continuous claim refinement can extend protection.
- Landscape Dynamics: The patent fits within a broader regional and global patent strategy, exemplifying a layered IP approach in Latin America.
- Enforcement & Risks: Given clear claims and strategic filing, the patent's enforceability appears solid, but ongoing competitive patent filings necessitate vigilance.
- Policy Context: Peru’s patent law supports pharmaceutical innovations but includes safeguards like compulsory licensing, influencing patent enforcement strategies.
FAQs
1. What are the primary elements protected by Peru Patent PE20151778?
It primarily protects a specific chemical compound (composition of matter), its manufacturing process, and its therapeutic use in treating certain diseases.
2. How does this patent compare to similar international patents?
PE20151778 aligns with global patent standards by covering chemical composition, process, and use, with similarities to US and EU patents filed during the same period, although claim language and scope may vary.
3. Can this patent be challenged in Peru?
Yes. It can be challenged through invalidation proceedings based on prior art, lack of novelty, or inventive step. The strength of the claims will influence the outcome.
4. How does Peru’s patent law impact pharmaceutical patent enforcement?
Peru strictly follows TRIPS standards but allows for exceptions like compulsory licensing under certain conditions, which can influence patent enforcement strategies.
5. What strategic steps should patent owners take concerning this patent?
Owners should monitor regional patent landscapes, seek extensions via patent families, and consider additional secondary claims or formulations to broaden protection.
References
[1] Peruvian Patent Law No. 29563 (2010).
[2] World Intellectual Property Organization (WIPO). Patent scope analysis reports.
[3] Global Patent Database (Patentscope, Espacenet).
[4] IFPMA. "Pharmaceutical Patent Trends in Latin America," 2022.
[5] Patent Office of Peru (INDECOPI). Public records and examination reports.
