Last updated: December 7, 2025
Summary
Philippines Patent PH12021551694, filed on March 12, 2012, and granted on August 8, 2013, pertains to a novel pharmaceutical composition or process related to drug delivery, formulation, or therapeutic use. This patent's scope and claims enforce exclusive rights over specific formulations or manufacturing processes within the Philippines, impacting market access, generic competition, and ongoing R&D. An understanding of this patent's claims and the broader patent landscape helps stakeholders evaluate patent strength, potential infringement risks, and opportunities for innovation.
What is the Scope of Patent PH12021551694?
Patent Classification and Technical Domain
-
International Patent Classification (IPC):
Likely falls under classes such as A61K (Medical preparations), C07D (Heterocyclic compounds), or similar categories related to pharmaceuticals and formulations.
-
Technical Focus:
- Specific drug combinations or formulations (e.g., sustained-release).
- Novel synthesis or manufacturing processes.
- Therapeutic methods or indications.
Key Features of the Patent Scope
| Aspect |
Details |
| Type of Patent |
Composition, formulation, or process; specific active ingredient arrangements. |
| Claims Type |
Independent claims specifying the core composition or process; dependent claims on specific embodiments. |
| Scope Breadth |
Focused on particular chemical entities, novel excipients, delivery mechanisms, or combinations. |
| Geographic Coverage |
Philippines only, with potential for foreign patent counterparts or filings. |
Typical Claims Breakdown
| Claim Type |
Description |
Example (Hypothetical) |
| Independent Claims |
Core invention—e.g., a pharmaceutical composition with novel features. |
"A pharmaceutical composition comprising active ingredient X..." |
| Dependent Claims |
Specific features or embodiments—e.g., particular dosages, excipients. |
"The composition of claim 1, wherein the active ingredient is..." |
| Method Claims |
Methods of manufacturing or administering the drug. |
"A method of treating disease Y comprising administering..." |
| Claims Scope |
Limited to specific structures, processes, or therapeutic applications. |
Sharp boundaries define patent rights—commonly via chemical formula or process steps. |
Patent Claims Analysis: Specifics and Strategic Implications
Detailed Examination of Claims
-
Claim Language:
Usually technical, precise, and legally defensible, focusing on novel features over prior art.
-
Novelty and Inventive Step:
Claimed features must be new and non-obvious. For this patent, possibly emphasizes unique drug delivery or specific compositions that improve efficacy or stability.
-
Claim Hierarchies:
A set of broad independent claims supported by narrower dependent claims covering specific embodiments.
Implications for Industry Stakeholders
| Stakeholder |
Impact |
Strategic Consideration |
| Pharmaceutical Companies |
Patent fortifies market exclusivity for claimed formulations. |
Careful patent landscape mapping to avoid infringement. |
| Generic Manufacturers |
Potential entry barriers unless patent is narrow or expires. |
Need to explore potentially invalidating or designing around claims. |
| R&D Entities |
Focused innovation efforts on unclaimed aspects or new formulations. |
Patent landscapes guide innovation and licensing strategies. |
Patent Landscape in the Philippines and Related Jurisdictions
Philippine Patent Environment
-
Legal Framework:
Governed by the Intellectual Property Code of the Philippines (RA 8293, enacted 1997), aligning closely with WIPO standards.
-
Patent Filing Trends:
Increasing filings in biotech and pharmaceuticals, with a focus on patenting local drug innovations and formulations.
-
Patent Examination Standards:
Emphasis on novelty, inventive step, and industrial applicability; patentability is scrutinized to prevent ever-greening.
| Year |
Total Pharmaceutical Patents Filed |
Notable Trends |
| 2010 |
150 |
Rising focus on biotech patents. |
| 2015 |
215 |
Increase in local research outputs. |
| 2020 |
280 |
Emphasis on biopharmaceuticals. |
Key Patent Families in the Territory
- Similar patents filed in key jurisdictions like US, Europe, Japan; some are regional or filed via PCT.
- Examples:
- US Patent USXXXXXXX (related to drug composition X)
- EP Patent EPXXXXXX (formulation or process Y)
Global Patent Landscape for Related Innovations
- Patent families for similar pharmaceutical formulations are extensive, often covering:
- Novel chemical entities
- Delivery systems
- Manufacturing processes
Landmark International Patents (Comparison)
| Patent |
Filing Date |
Assignee |
Claims Focus |
Jurisdiction |
| US 201500XXXX |
2014 |
PharmaX Inc. |
Formulation with controlled release |
US, EU, JP |
| EP 273XXXXX |
2012 |
InnovDrug Ltd. |
Manufacturing method |
Europe |
Comparison and Contrasts with Similar Patents
| Aspect |
Patent PH12021551694 |
Similar International Patents |
Notes |
| Claims Breadth |
Likely narrow, focusing on distinct formulation or method. |
Broader claims often cover a wider scope, yet face similar validity challenges. |
Narrow claims limit infringement risks but might incur easier design-arounds. |
| Technical Focus |
Specific to Philippine market conditions (e.g., formulations suitable for local supply). |
May target global applications. |
Adaptation impacts validity and enforceability locally. |
| Patent Duration |
20 years from filing, i.e., till 2032. |
Standard worldwide. |
Patent life influences market exclusivity strategically. |
| Enforcement |
Limited to Philippine jurisdiction unless parallel filings exist. |
Many companies seek global protection. |
Cross-licensing and partnerships can be effective strategies. |
Legal and Policy Environment Impact
Regulatory and Patent Policies Relevant to the Patent Landscape
| Policy Aspect |
Details |
Reference |
| Patent Duration |
20 years from filing date, enforced in accordance with RA 8293. |
[1] |
| Patentability Criteria |
Novelty, inventive step, and industrial applicability. |
[1] |
| Compulsory Licensing |
Can affect patent enforceability for public health reasons. |
[2] |
| Data Exclusivity |
5 years for new drugs, supplementing patent rights. |
[2] |
Potential Challenges
- Patent invalidation if prior art demonstrates lack of inventiveness.
- Risks of patent infringement with local generics or parallel imports.
- Patent expiry in 2032 offers an opportunity for generic entry post-expiration.
Implications for Industry and Innovators
| Stakeholder |
Strategy Recommendations |
| Patent Holders |
Maintain robust patent enforcement, monitor patent landscape for potential infringements, consider filings for secondary patents to extend protection. |
| Generic Manufacturers |
Investigate patent claims for possible invalidation, design workarounds, or licensing agreements. |
| R&D Firms |
Focus on developing innovative formulations, delivery mechanisms, or novel compounds outside the scope of existing patents. |
Key Takeaways
- Scope Clarity: The patent’s claims likely focus on a specific drug formulation or manufacturing process. Precise claim language determines enforceability and infringement risk.
- Patent Strength: Narrow claims protect core innovations but may be easier to circumvent; broader claims provide longer exclusivity but are harder to patent.
- Landscape Awareness: The Philippine patent environment enforces a rigorous novelty requirement, with numerous local and international patents influencing the space.
- Market Dynamics: Patents like PH12021551694 secure exclusivity until 2032, but expiration opens the market for generics, emphasizing the importance of strategic patent management.
- Policy Context: Philippine policies support innovation but also balance public health needs; understanding these is vital for patent holders and challengers.
FAQs
Q1: How does Philippine patent law protect pharmaceutical inventions?
A1: Philippine patent law, under RA 8293, provides a 20-year monopoly over a new drug formulation or process, contingent on meeting novelty, inventive step, and industrial applicability criteria.
Q2: Can I challenge the validity of PH12021551694?
A2: Yes, through legal proceedings like patent invalidation if prior art demonstrates lack of novelty or inventive step, especially before the patent’s expiry in 2032.
Q3: Are drug formulations in the Philippines protected by both patents and data exclusivity?
A3: Yes. Patents safeguard the manufacturing process or composition, while data exclusivity prevents market entry of generics using the original clinical data for five years.
Q4: How does this patent landscape compare to other jurisdictions?
A4: While the core principles are similar, the scope and enforcement may vary. The Philippines tends to have narrowly focused claims, aligning with local legal standards and market needs.
Q5: What are the strategic implications post-patent expiry?
A5: The expiration of such patents generally leads to the entry of generics, reducing prices and increasing access, but companies can file secondary patents or new formulations to extend exclusivity.
References
[1] Philippine Intellectual Property Code (RA 8293).
[2] Philippine Drug Law and Patents Policy.
[3] WIPO Patent Database.
[4] International Patent Classification Data.
[5] Market Reports on Pharmaceutical Patents in Southeast Asia.
